APHC010463242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23758/2025 Between: 1. K V RAMANA REDDY, S/O. K.V. SUBBA REDDY AGED ABOUT 48 YEARS, OCC. CONTRACTOR, R/O. PLOT.NO. 301, SRI SIRI AVENUE, MARUTHI CO-OP COLONY, PATAMATA, VIJAYAWADA, N.T.R. DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS' PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR IRRIGATION WING, VIJAYAWADA, N.T.R. DISTRICT. 3. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN VIJAYAWADA, N.T.R. DISTRICT. 4. THE SUPERINTENDING ENGINEER, SUPERINTENDING ENGINEER IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE VIJAYAWADA, N.T.R. DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, SPECIAL DIVISION VIJAYAWADA, N.T.R. DISTRICT. 6. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF VS,J W.P No.23758 of 2025 2 ANDHRA PRADESH, VIJAYAWADA. 7. THE PAY AND ACCOUNTS OFFICER, SURYAPETA, NEAR ANDHRA HOSPITAL VIJAYAWADA, N.T.R DISTRICT. 8. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bills amount worth of an total amount of Rs.63,06,158/- i.e.,1) Amount Rs.14,55,021/-, Agreement No.02/2024-25, dated 13.08.2024, M.Book No.4408, 2) Amount Rs.16,38,591/-, Agreement No.03/2024-25, dated 13.08.2024, M. Book No.4688, 3). Amount of Rs. 3,15,847/- vide Agreement. No. 22/2024-25 dt. 23.01.2025, M.Book.No. 5449, 4). Amount of Rs. 28,96,699/- vide Agreement No. 04/2024-25 dt. 23.08.2024, M.Book.No. 5429 with interest of execution of completion of Irrigation works under Irrigation Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.63,06,158/- with interest for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to release the Final Bill amount of Rs.63,06,158/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass VS,J W.P No.23758 of 2025 3 Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING VS,J W.P No.23758 of 2025 4 The Court made the following Order: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bills amount worth of an total amount of Rs.63,06,158/- i.e., 1) Amount Rs.14,55,021/-, Agreement No.02/2024-25, dated 13.08.2024, M.Book No.4408, 2) Amount Rs.16,38,591/-, Agreement No.03/2024- 25, dated 13.08.2024, M. Book No.4688, 3). Amount of Rs.3,15,847/- vide Agreement. No. 22/2024-25 dt. 23.01.2025, M.Book.No.5449, 4). Amount of Rs. 28,96,699/- vide Agreement No. 04/2024-25 dt. 23.08.2024, M.Book.No.5429 with interest of execution of completion of Irrigation works under Irrigation Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.63,06,158/- with interest for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass such other order or orders…” 2. The petitioner had been awarded the contract of works i.e., 1) O & M such as Annual weed free Maintenance in Budameru from KM 17.700 to KM 36.250 below the Velagaleru Regulator in Vijayawada Rural Mandal, Vijayawada North Mandal and Municipality Corporation Limits of NTR district for the year 2024-25, vide Agreement bearing No.02/2024-25 dated 13.08.2024; 2) O & M such as Annual weed free Maintenance in Budameru from KM 8.000 to KM 17.600 below the Valagaleru Regulator and Non Notified Drains confluence into Budameru in Vijayawada Rural Mandal and Vijayawada Municipal Corporation Limits of NTR District for the year 2024-25 vide Agreement bearing No.03/2024-25 dated 13.08.2024; 3) Restoration of Irrigations System for effective Water Regulation including monitoring and management of Muniyteru Main Canal from Km. 0.00 to Km.13.500 in VS,J W.P No.23758 of 2025 5 Vatsavai Mandal of NTR District, vide Agreement No.22/2024-25 dated 23.01.2025; and 4) O & M such as removal of weed in Ura Tank in Jaggaiahpet town limits in NTR District for the year 2024-25, vide Agreement bearing No.04/2024-25. After execution of the aforementioned contract works, the respondents issued quality control certificates dated 29.07.2025 to a tune of rupees Rs.25,09,131/- and Rs.28,26,246/- for the work Nos.1 and 2 respectively; dated 19.08.2025 to a tune of Rs.2,46,008/- and Rs.24,48,999/- for the work Nos.3 and 4 respectively. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 3. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of amount, no payment is being made. The petitioner contends that such non- payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 4. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. 5. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificates dated 29.07.2025 to a tune of rupees Rs.25,09,131/- and VS,J W.P No.23758 of 2025 6 Rs.28,26,246/- for the work Nos.1 and 2 respectively; dated 19.08.2025 to a tune of Rs.2,46,008/- and Rs.24,48,999/- for the work Nos.3 and 4 respectively. He further submits that since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner. 6. Though the petitioner claims to be entitled to Rs.14,55,021/-, Rs.16,38,591/-, Rs.3,15,847/- and Rs.28,96,699/- for the works respectively, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificates issued by the respondents dated 29.07.2025 to a tune of rupees Rs.25,09,131/- and Rs.28,26,246/- for the work Nos.1 and 2 respectively; dated 19.08.2025 to a tune of Rs.2,46,008/- and Rs.24,48,999/- for the work Nos.3 and 4 respectively 7. In view of the facts and circumstances of the case, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amounts to the petitioner in accordance with the quality control certificate i.e., dated 29.07.2025 to a tune of rupees Rs.25,09,131/- and Rs.28,26,246/- for the work Nos.1 and 2 respectively; dated 19.08.2025 to a tune of Rs.2,46,008/- and Rs.24,48,999/- for the work Nos.3 and 4 respectively, issued by the respondents, within a period of five (05) months from the date of receipt of a copy of this order. VS,J W.P No.23758 of 2025 7 As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any amounts which is due and payable, the same is binding upon both the parties. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 17.10.2025 Ksj