APHC010443482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23242/2025 Between: 1. KOTAPATI PRABHAKAR, S/O MALYADRI,AGED ABOUT 43 YEARS, OCC CIVIL CONTRACTOR R/O D.NO. 7-19-160/76/2, VASANTHARAYAPURAM, GUNTUR. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, K. W DIVISION, TENALI. 4. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, EASTERN SUB DIVISION, REPALLE 5. THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 6. THE PAY AND ACCOUNTS OFFICER, GUNTUR. ...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 VS,J W.P No.23242 of 2025 2 pleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due bill amount of Rs. 17,87,214/- (Seventeen Lakhs Eighty Seven Thousand Two Hundred and Fourteen) which includes NAC and GST payable to the petitioner for 4 works executed for 3rd respondent by the petitioner under agreements Bearing 70 KW/2024-25 (dated 30-07-2024), 71 KW /2024-25 (dated 30-07- 2024), 77 KW /2024-25 (dated 02-09-2024) and 78 KW /2024-25 (dated 02-09-2024) respectively despite finalizing the billas illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs. 17,87,214/- (Seventeen Lakhs Eighty Seven Thousand Two Hundred and Fourteen) Including NAC and GST which includes NAC and GST payable to petitioner for the above 4 works executed for 3rd respondent under the said agreements with an interest @ 12 percent per annum and pass 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 Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING VS,J W.P No.23242 of 2025 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: “…issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due bill amount of Rs.17,87,214/- (Seventeen Lakhs Eighty Seven Thousand Two Hundred and Fourteen) which includes NAC and GST payable to the petitioner for 4 works executed for 3rd respondent by the petitioner under agreements Bearing 70 KW/2024-25 (dated 30-07- 2024), 71 KW /2024-25 (dated 30-07- 2024), 77 KW /2024-25 (dated 02-09-2024) and 78 KW /2024-25 (dated 02-09-2024) respectively despite finalizing the bill as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs.17,87,214/- (Seventeen Lakhs Eighty Seven Thousand Two Hundred and Fourteen) Including NAC and GST which includes NAC and GST payable to petitioner for the above 4 works executed for 3rd respondent under the said agreements with an interest @ 12% per annum and pass such other order or orders...” 2. The petitioner had been awarded the contract of works i.e., Sl.No. Nature of Work Agreement No. Date of Agreement 1. O & M- Removal Nizamapatnam canal from K.M.32.186 to K.M.43.8747 and Edlapalli channel from K.M.0.00 10.700 in Kuchipudi Section 70 KW/2024-25 30-07-2024 2. O&M-Removal of weed on East Side Channel branches Gullapalli Chnnel and Gangaiah Cheruvu Channel in Kuchipudi Section 70 KW/2024-25 30-07-2024 3. O & M – Removal of Weed on EAPP Leading Channel and Supply Channel and branch Channel. 77 KW/2024-25 02-09-2024 4. O & M-Removal of Weed on branches of West Side Channel for the year 2024-25 78 KW/2024-25 02-09-2024 VS,J W.P No.23242 of 2025 4 After execution of the aforementioned contract works, the respondents issued quality control certificates dated 04.07.2025 for a sum of Rs.5,59,749/- and Rs.6,58,803/-; dated 28.04.2025 for a sum of Rs.1,11,702/- and dated 11.08.2025 for a sum of Rs.2,63,880/- respectively. 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 amount, 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 Assistant Government Pleader, on oral instructions, submits that the admitted amounts payable to the petitioner as per the quality control certificates dated 04.07.2025 for a sum of Rs.5,59,749/- and Rs.6,58,803/-; dated 28.04.2025 for a sum of Rs.1,11,702/- and dated 11.08.2025 for a sum of Rs.2,63,880/- respectively. He further submits that since the budget was not released by the Government, the bills were not paid VS,J W.P No.23242 of 2025 5 to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner. 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 7. 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 amounts to the petitioner in accordance with the quality control certificates dated 04.07.2025 for a sum of Rs.5,59,749/- and Rs.6,58,803/-; dated 28.04.2025 for a sum of Rs.1,11,702/- and dated 11.08.2025 for a sum of Rs.2,63,880/- respectively, issued by the respondents, within a period of three (03) months from the date of receipt of a copy of this order. 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. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 24.09.2025 Ksj