APHC010451932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23024/2025 Between: 1. K HUSSAIN BASHA, AGED 45 YEARS S/O.K. MAHABOOBBASHA, H.NO.3-1, KOTHA KANDUKUR, ALLAGADDA, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS SECRETARY, IRRIGATION AND CAD DEPARTMENT (WATER RESOURCES DEPARTMENT) SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER, TELUGU GANGA PROJECT, SRINIVASA NAGAR, SAROJINI DEVI LAYOUT TIRUPATI, ANDHRA PRADESH - 517507. 4. THE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT IRRIGATION CIRCLE, KURNOOL. 5. THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, NANDYAL, NANDYAL DISTRICT. 6. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, T.G.P. DIVISION, ALLAGADDA, NANDYAL DISTRICT. 7. THE PAY AND ACCOUNT OFFICER, WORKS AND PROJECTS, NANDYAL, NANDYAL DISTRICT. 2 VS,J W.P.No.23024 of 2025 ...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 pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 19,12,243/- and Rs. 16,80,687/- totalling an amount of Rs.35,92,930 /- (Thirty five lakhs Ninety Two thousand Nine Hundred and thirty Rupees) for the year 2023-2024, even after finalizing the bills, payable to the petitioner in relation to the works (1.) Restoration of canal side lining Haunch portion at K.M.70.380 and K.M.65.020 of TGP Main Canal (2.) Repairs to D/S of Super passage at KM 67.164 of TGP Main Canal.as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and Consequently direct the Respondents to pay the amounts of Rs.35,92,930 /- (Thirty five lakhs Ninety Two thousand Nine Hundred and thirty Rupees) forthwith release the payments of above bill amount along with 12PERCENT interest 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 to direct the respondents to release and pay the amounts of Rs.35,92,930 /- (Thirty five lakhs Ninety Two thousand Nine Hundred and thirty Rupees) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.23024 of 2025 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 declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 19,12,243/- and Rs. 16,80,687/- totalling an amount of Rs.35,92,930 /- (Thirty five lakhs Ninety Two thousand Nine Hundred and thirty Rupees) for the year 2023- 2024, even after finalizing the bills, payable to the petitioner in relation to the works (1.) Restoration of canal side lining & Haunch portion at K.M.70.380 and K.M.65.020 of TGP Main Canal (2.) Repairs to D/S of Super passage at KM 67.164 of TGP Main Canal as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and Consequently direct the Respondents to pay the amounts of Rs.35,92,930/- (Thirty five lakhs Ninety Two thousand Nine Hundred and thirty Rupees) forthwith release the payments of above bill amount along with 12% interest ….” 2. The petitioner had been awarded the contract of works i.e., (1.) Restoration of canal side lining & Haunch portion at K.M.70.380 and K.M.65.020 of TGP Main Canal (2.) Repairs to D/S of Super passage at KM 67.164 of TGP Main Canal vide Agreement No.127/2023-2024/EE/TGP/ALD, dated 12.07.2023 and 95/2023-2024/EE/TGP/ALD dated 30.05.2023 by the respondents. After execution of the aforementioned contract works, the respondents issued two quality control certificates dated 26.10.2023, for a sum of Rs.17,48,771/- and 16,54,150/-. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 4 VS,J W.P.No.23024 of 2025 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 amount payable to the petitioner as per quality control certificates dated 26.10.2023, for a sum of Rs.17,48,771/- and 16,54,150/-. He further submits 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. 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificate 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 amount to the petitioner in accordance with the quality control certificates dated 26.10.2023, for a sum of 5 VS,J W.P.No.23024 of 2025 Rs.17,48,771/- and 16,54,150/-, issued by the respondents, within a period of four (4) 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: 23.09.2025 KGR