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2025 DAILYLAW 45329 (AP)

Peddinti Chakram, v. State of Andhra Pradesh,

WP/5455/2025 · 2025-12-30

V Sujatha

body2025

Judgment text

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APHC010099322025 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: 5455 OF Between: 1. PEDDINTI CHAKRAM,, S/O SRI NAGI REDDY, AGE 39 YEARS, OCC CONTRACTOR, R/O DOOR NO. 1 PITHAPURAM MANDAL, KAKINADA DISTRICT 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, WATER RESOURCES (ML.A) DEPARTMENT , A.P. SECRETARIAT, VELAGAPUDI - 522 237, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, FINANCE (FMU-REVENUE) DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI - 522 237, GUNTUR DISTRICT. 3. THE EXECUTIVE ENGINEER, YELERU IRRIGATION DIVISION, PEDDAPURAM - 533 437, KAKINADA DISTRICT 4. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION, Y. I. SUB DIVISION, SAMALKOT 5. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION, Y.L. SUB DIVISION, PITHAPURAM 6. THE ASSISTANT PAY AND ACCOUNTS OFFICER WORK AND ACCOUNTS, COURT COMPLEX, KAKINADA 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: 5455 OF 2025 PEDDINTI CHAKRAM,, S/O SRI NAGI REDDY, AGE 39 YEARS, OCC CONTRACTOR, R/O DOOR NO. 1-134, JAMULAPALLI PITHAPURAM MANDAL, KAKINADA DISTRICT ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, RESOURCES (ML.A) DEPARTMENT , A.P. SECRETARIAT, 522 237, GUNTUR DISTRICT. STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, REVENUE) DEPARTMENT, A.P. SECRETARIAT 522 237, GUNTUR DISTRICT. VE ENGINEER, YELERU IRRIGATION DIVISION, 533 437, KAKINADA DISTRICT THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION, Y. I. SUB DIVISION, SAMALKOT- 533 440, KAKINADA DISTRICT THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION, Y.L. SUB PITHAPURAM - 533 437, KAKINADA DISTRICT THE ASSISTANT PAY AND ACCOUNTS OFFICER WORK AND ACCOUNTS, COURT COMPLEX, KAKINADA - 533 001 ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA PEDDINTI CHAKRAM,, S/O SRI NAGI REDDY, AGE 39 YEARS, OCC 134, JAMULAPALLI - 533 450 ...PETITIONER STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, RESOURCES (ML.A) DEPARTMENT , A.P. SECRETARIAT, STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, REVENUE) DEPARTMENT, A.P. SECRETARIAT VE ENGINEER, YELERU IRRIGATION DIVISION, THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION, Y. I. SUB THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION, Y.L. SUB 533 437, KAKINADA DISTRICT THE ASSISTANT PAY AND ACCOUNTS OFFICER WORK AND ...RESPONDENT(S): Counsel for the Petitioner: 1. N SIVA REDDY Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following Order : THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5455 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 action of the respondents in not paying the bills for to the Petitioner for the works covered under Agreement Nos. 30/2024-25, 31/2024-25, 32/2024-25, 33/2024025, 39/2024- 25, 43/2024-25 and 169/2024-25 entered into with the Respondent No.3 as illegal, arbitrary violation of principles of natural justice and violative of Article 14,19 (i) (g), 21 and 300-A of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 18 % interest…” 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 Certificates dated 02.12.2024 to a tune of Rs. 2,67,635/-; dated 23.11.2024 to a tune of Rs. 4,00,375/-; dated 18.01.2025 to a tune of Rs. 2,70,555/-; dated 15.10.2024 to a tune of Rs. 3,40,176/- and dated 03.06.2025 to a tune of Rs. 1,31,128/-. 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.14,09,866/-. 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 certificates cited supra issued by the respondents within a period of three (03) 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