Extracted from the PDF above. The PDF is authoritative.
APHC010475572025
IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24982 OF Between:
1. K KRISHNA PRASAD, S/O. VENKATESWARA RAO AGED 32 YEARS, OCC CONTRACTOR R/O. D.NO.9/779, NIZAMPETA, MACHILIPATNAM,KRISHNA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, IRRIGATION WING),
DR. B.R.AMBEDKAR KONASEEMA DISTRICT. 4. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT,
GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT,
IRRIGATION CIRCLE, DOWLESWARAM, EAST GODAVARI DISTRICT. 6. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, GODAVARI CENTRAL DIVISION,
AMALAPURAM, DR. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24982 OF 2025 K KRISHNA PRASAD, S/O. VENKATESWARA RAO AGED 32 YEARS, OCC CONTRACTOR R/O. D.NO.9/779, NIZAMPETA, MACHILIPATNAM,KRISHNA DISTRICT. ...PETITIONER AND 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. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, IRRIGATION WING),
DR. B.R.AMBEDKAR KONASEEMA DISTRICT. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT,
GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT,
IRRIGATION CIRCLE, DOWLESWARAM, EAST GODAVARI DISTRICT. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, GODAVARI CENTRAL DIVISION,
AMALAPURAM, DR. IN THE HIGH COURT OF ANDHRA PRADESH [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA K KRISHNA PRASAD, S/O. VENKATESWARA RAO AGED 32 YEARS, OCC CONTRACTOR R/O. D.NO.9/779, NIZAMPETA, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, THE DISTRICT COLLECTOR, IRRIGATION WING),
DR. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT,
GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT.
THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT,
IRRIGATION CIRCLE, THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, GODAVARI CENTRAL DIVISION,
AMALAPURAM, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner:
1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
2. GP FOR FINANCE PLANNING The Court made the following:
THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24982 OF 2025
ORDER:-
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous to declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.4,45,017/- in respect of irrigation work vide its Agreement No.75/2024-25, dated 02.08.2024 with interest of execution of completion of works Annual maintenance towards Removal of weed growth from Burugucheruvu, Burugucheruvu side Gopalapuram side Channels and its Distributaries in the jurisdiction of Irrigation Section, Gopalapuram for the year 2024-25 under Water Resources Department as per agreement to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement 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. 4,45,017/- for execution of completion of Water Resources works under Irrigation Department as per agreement to the petitioner forthwith…”
2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued Quality Control Certificate dated 10.12.2025 to a tune of Rs. 3,50,210/-. As the payment of the said amounts 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 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, admitted the amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.3,50,210/-. 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 the respondents to release the amount to the petitioner in accordance with the quality control certificate dated10.12.2025 issued by the respondents within a period of two (02) months 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
KK