[ 3459 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAJI (Special Original Jurisdiction) TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 3385 OF 2025^ ^ X ★ Between: 1. Sreedhar Engineering Works, Rep. by its Managing Partner A. Sridhar, S/o. Venkaiah, aged about 47 years, Occ- Contractor, R/o.K.R.Nagar, lane Padugupadu village, Kovur Mandal, SPSR Nellore District. ...PETITIONER^ AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and Command Area Development Department, Secretariat, Amaravathi, Guntur District. 2. The Commissioner, Command Area Development Authority, Vijayawada. 3. The Superintending Engineer, Irrigation Circle, Nellore SPSR Nellore District. 4. The Executive Engineer, Nellore Central Division, Nellore, SPSR Nellore District. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Amaravathi, Guntur District ...RESPONDENTS^ Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the^^ undisputed bill amounts paygiJie to the petitioner in respect of works i.e., 1) Repairs to damaged shij,ttering arrangements to Kanupur Canal Head Regulator near Sangani/Village and Mandal of SPSR Nellore District and 2) Repairs to shutters of Chintagunta tank of Chennavarappadu Village in Sangam Mandal of SPSR Nellore District vide Agreement , l)JpsJ 33/DN/2021-22 dated 16.09.2021 and No.245 O and M/DN/2019-20 .E^t-05.03^2020, even after finalizing the bills as illegal arbitrary and contrary to thd Principles of natural justice and consequently direct the respondents to pay undisputed bill amounts of 1) Rs. 13,64,318/- and 2) Rs.4,18,353/-., payable to the petitioner in respect of execution of afore mentioned work vide Agreement Nos. 133/DN/2021-22 dated 16.09.2021 and No.245 O and M/DN/2019-20 Dt 05.03.2020 along with interest @ 18 percent p.a. from the date of recording of bills forthwith. lA NO: 1 OF 2025 - Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay undisputed bill amounts of 1) Rs. 13,64,318/- and 2) Rs.4,18,353/-., payable to the petitioner in respect of works i.e., 1) Repairs to damaged shuttering arrangements to Kanupur Canal Head Regulator near Sangam Village and Mandal of SPSR Nellore District and 2) Repairs to shutters of Chintagunta tank of Chennavarappadu Village in Sangam Mandal of SPSR Nellore District, vide Agreement No’s.133/DN/2021-22 dated 16.09.2021 No.245 O & M/DN/2019-20 Dt;05.03.2020.,^ Counsel for the Petttioner(s):SRI. C SUBODH'^ Counsel for the Respondents: GP FOR IRRI AND CACT Counsel for the Respondents: GP FOR FINANCE PLANNING^ The Court made the following: and APHC010057552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3459] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 3385/2025 Between: Sreedhar Engineering Works ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.0 SUBODH Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts payable to the petitioner in respect of works i.e., 1) Repairs to damaged shuttering arrangements to Kanupur Canal Head Regulator near f *« Sangam Village and Mandal of SPSR Nellore District and 2) Repairs to shutters of Chintagunta tank of Chennavarappadu Village in Sangam Mandal NOS.133/DN/2021-22 dated of SPSR Nellore District vide Agreement 16.09.2021 and No. 245 O and M/DN/2019-20 Dt-05.03.2020, even after finalizing the bills as illegal arbitran/ and contrary to the Principles of natural respondents to pay undisputed bill Justice and consequently direct the amounts of 1) Rs. 13,64,318/- and 2) Rs.4,18,353/-., payable to the petitioner mentioned work vide Agreement in respect of execution of afore NOS.133/DN/2021-22 dated 16.09.2021 and No.245 O and M/DN/2019-20 Dt 05.03.2020 along with interest @ 18 percent p.a. from the date of recording of bills forthwith and pass such other order or orders may deem fit and proper in the circumstances of the case. ” The petitioner is a successful bidder and entered into agreement with 2. the 4*^ respondent vide agreement Nos.133/DN/2021-22 dated 16.09.2021 and 245 O & M/DN/2019-20, dated 05.03.2020 for the works of repairs to Kanupur Canal Head Regulator and Chintagunta tank of SPSR Nellore District. The petitioner has completed the work under the supervisionof the 4 respondent. Having satisfied with the work, the 4"^ respondent has entered the same in measurement books and prepared bills for the amounts of th Rs.13,64,318 and Rs.4,18,353/-. Though the respondents have admitted the aforesaid amount, the bills are not cleared till date. Learned counsel for the petitioner submits that the petitioner has completed the work within stipulated time and invested money by borrowing the same from third parties on interest. The interest on the said amount is increasing day by day and prays to release the bill amounts. He further submits that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends 3. that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. On the other hand, learned Government Pleader for Irrigation, while 4. admitting about the claim of the petitioner, on oral instructions, submitted that the bills are pending for fund clearance, and prayed to pass appropriate orders. 5. In view of the submissions of learned counsel for the petitioner and learned Government Pleader for Irrigation, this Writ Petition is disposed of with a direction to the respondents to release the undisputed amounts of Rs.13,64,318 and Rs.4,18,353/- (WHA) to the petitioner along with interest on the said amount as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within a period of two (2) months from the date of receipt of a copy of the order. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Irrigation and Command Area Development Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. 2. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District, [1 & 2 By Special Messenger] "7 3. The Commissioner, Command Area Development Authority, Vijayawada. 4. The Superintending Engineer, Irrigation Circle, Nellore SPSR Nellore District. 5. The Executive Engineer, Nellore Central Division, Nellore, SPSR Nellore District. 6. The Commissioner, Command Area Development Authority, Vijayawada.[3 to 6 by RPAD] 7. One CC to SRI C SUBODH Advocate [OPUC] 8. Two CCs to GP FOR IRRI AND CAD, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR FINANCE PLANNING, High Court of Andhra Pradesh [OUT] 10. Three CD Copies gsg HIGH COURT DATED:01/04/2025 ORDER WP.No.3385 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS