APHC010139162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 7240/2024 Between: 1. M/S. UDAYAM CONSTRUCTIONS, , REP. BY ITS PROPRITOR, ATLURI UMA MAHESWARA RAO, S/O. ATLURI PRERR BABU, AGED ABOUT 33 YEARS, R/O. D.NO. 1-151, GUDIVASA ROAD, NIDUMOLU (V), MOWA (M), KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, , COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT. 4. THE DISTRICT COLLECTOR, , (IRRIGATION WING) 2 BAPATLA, BAPATLA DISTRICT. 5. THE ENGINEER INCHIEF, , MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, GUNTUR, GUNTUR DISTRICT. 7. THE EXECUTIVE ENGINEER, , IRRIGATION AND WATER, RESOURCES DEPARTMENT, DRAINAGE DIVISION, REPALLE, BAPATLA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRI AND CAD (AP) 3 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 bill amount worth of Rs. 49,95,836/-, 1) Amount of Rs.8,00,737/- along with GST of Rs. 1,11,829/- vide Agreement No. 45/2023-24 Dt 02/08/2023, 2) Amount Rs.24,44,726/-, along with GST of Rs.3,98,745/-, vide its Agreement No. 41/2023-24, Dt 02-08-2023, 3) Amount Rs. 10,79,703/-, along with GST of Rs. 1,60,096/-, vide its Agreement No. 44/2023- 24, Dt 02- 08-2023, with interest of execution and completion of O and M works under Irrigation 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 Article 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.49,95,836/- for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith, and to pass such….” 2. The petitioner was awarded contracts for executing works related to laying of roads, drains, and construction of buildings in governmental organizations, along with irrigation and other departments, vide three different agreements dated 02.08.2023. After execution of such works, finalized bills to the tune of Rs.7,98,004/-, Rs.10,79,509/-, and Rs.18,37,967/- have been 4 prepared and submitted to the concerned authorities for payment. As payment of such 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, though the respondents have admitted that the petitioner is entitled to payment of the aforesaid sums of money, no payment is being made to the petitioner. The petitioner also contends that such non-payment of money is clearly arbitrary and high-handed and requires interference by this Court. 4. The respondent No.7 has filed a counter, duly admitting the said amounts payable to the petitioner, but has stated that the 7th respondent has not uploaded the bills in the CFMS portal due to non-receipt of work bills from the Drainage Sub-Division, Repalle. The respondent further stated that, since the work bills are not received from the concerned Sub-Division, the bills are being scrutinized at the division office, and payments will be processed to the petitioner upon obtaining LOC from the Government. 5. As the said amounts are admitted by the respondents, instead of keeping this writ petition pending, this Court feels it appropriate to dispose of the writ petition with a direction to the 7th respondent to make payments to the petitioner as per the quality control certificates issued by the respondents to a tune of Rs.7,98,004/- on 24.06.2024, Rs.10,79,509/- on 28.03.2024, and Rs.18,37,967/- on 02.08.2024, 5 as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. 6. With the observations, this Writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA MH 05.08.2025 6 THE HONOURABLE SMT JUSTICE V.SUJATHA 93 WRIT PETITION NO: 7240/2024 MH 05.08.2025