APHC010693042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35840/2025 Between: 1. BORRA NAGESWARA RAO,, S /O B.SUBBA RAO. AGE 48 YEARS, OCC CONTRACTOR, RIO. D.NO. 1/12, BALAJI NAGAR, GUDLAVALLERU,KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, WATER RESOURCE DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, KRISHNA EASTERN DIVISION, VIJAYAWADA IRRIGATION SUB DIVISION, COWTHARAM, GUDLAVALLERU SECTION VIJAYWADA, KRISHNA DISTRICT. 4. THE DIRECTOR, PAY AND ACCOUNTS, FINANCE DEPARTMENT, ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 5. PAY AND ACCOUNT OFFICER PAO, WORKS AND ACCOUNTS,VIJAYAWADA, RESPONDENTSKRISHNA 2 VS,J W.P.NO.35840 OF 2025 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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order questioning the action of the respondents in not paying admitted bills an amount of Rs.3,92,074/- to the petitioner towards the work O and M such as Annual weed free maintenance on Mamilla codu channel from KM 7.244 to KM 17.800 and its branches for the year 2022-23 under the agreement 62/2022-23, dated 15.07.2022 even after finalising the Bill, as illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and consequentially direct the respondents to pay above said bills to petitioner forthwith and pass such 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 may be pleased to direct the respondents to pay the admitted bills for an amount of Rs.3,92,0741- to the petitioner towards the work O&M such as Annual weed free maintenance on Mamilla codu channel from KM 7.244 to KM 17.800 and its branches for the year 2022-23 under forthwith, pending disposal of Writ Petition, and to pass such Counsel for the Petitioner: 1. GOUTHAMI SURAPAREDDY Counsel for the Respondent(S): 1. GOUTHAMI SURAPAREDDY Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.NO.35840 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35840/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order questioning the action of the respondents in not paying admitted bills an amount of Rs.3,92,074/- to the petitioner towards the work O and M such as Annual weed free maintenance on Mamilla codu channel from KM 7.244 to KM 17.800 and its branches for the year 2022-23 under the agreement 62/2022-23, dated 15.07.2022 even after finalising the Bill, as illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and consequentially direct the respondents to pay above said bills to petitioner forthwith.” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said works, the respondents issued quality control certificate dated 04.11.2023 to a tune of Rs.3,92,074/-. 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 money, 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 4 VS,J W.P.NO.35840 OF 2025 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. On the other hand, learned Government Pleader on oral instructions stated 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. However, the learned Government Pleader fairly admitted the amount payable to the petitioner as per the quality control certificate dated 04.11.2023 to a tune of Rs.3,92,074/-. 6. In view of the facts and circumstances submitted in the affidavit, 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 respondent Nos.2 to 5 to release the amount to the petitioner in accordance with the quality control certificate dated 04.11.2023 issued by them within a period of four (04) weeks from the date of receipt of a copy of this order. No costs. 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 amount which is due and payable, the same is binding upon both the parties. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :31.12.2025 JLV 5 VS,J W.P.NO.35840 OF 2025 145 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35840/2025 Dt.31.12.2025 JLV