APHC010571432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29698/2025 Between: 1. G VENKATA RAVEENDRA REDDY, S/O. G.V.RAMANA REDDY (LATE) AGED ABOUT 42 YEARS, R/O. H.NO. 3-73, ONDUTIA VILLAGE, GADIVEMULA MANDAL, GADIVEMULA, NANDYAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY TO THE FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR IRRIGATION, KURNOOL DISTRICT, KURNOOL. 4. THE ENGINEERINCHIEF, MINOR/MAJOR IRRIGATION DEPARTMENT, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 5. THE SUPERINTENDING ENGINEER IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL DISTRICT. 2 VS,J W.P.No.29698 of 2025 6. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, ML (W) DIVISION , NANDYAL, NANDYAL DISTRICT. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not releasing the final bill amount of Rs.37,19,511/- 1) Amount Rs.9,42,732/- in respect of its Agreement No.373/2018-19 Dated 25.04.2018, and M.Book No.3488MI ID.No.13013208006, for the work Desilting Savasani Kunta bed near Undhutia (V) Gadivemula (M) in Kurnool (Dt) under Neeru-Chettu Programme 2) Amount Rs.9,03,060/- in respect of its Agreement No.374/2018-19 Dated 25.04.2018, and M.Book No.3487MI, ID.No. 13013208005 for the work Desilting Oora Kunta bed near Undhuytia (V) Gadivemuloa (M) in Kurnoll (Dt) under Neeru-Chettu Programme 3) Amount Rs.9,31,770/- in respect of its Agreement No.375/2018-19 Dated 25.04.2018, and M.Book No.3489MI, ID.No. 13013208002 for the work Desilting Varmadi kunta bed near Undhutia (V) Gadivemula (M) in Kurnool (Dt) under Neeru- Chettu Programme 4) Amount Rs.9,41,949/- in respect of its Agreement No.376/2018-19 Dated 25.04.2018, and M.Book N0.3493MI, ID.No.13013208007 for the work Desilting Pedha Vanka near Paibhogula (V) Gadivemula (M) in Kurnool (Dt) under Neeru-Chettu Programme despite successful completion of the Work executed by the Respondents in terms of the said Agreements even after finalizing the bills and in spite of repeated requests is illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release and pay the Admitted Bills Total an amount of Rs.37,19,511/-along with interest 24 percentage p.a 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 Pleased to direct the respondents herein forthwith to release and pay the Total an amount of Rs.37,19,511/- 1) Amount Rs.9,42,732/- its Agreement No.373/2018-19 Dated 25.04.2018, 2) Amount Rs.9,03,060/- in respect of its Agreement No.374/2018-19 Dated 25.04.2018, 3) Amount Rs.9,31,770/- in respect of its Agreement No.375/2018-19 Dated 25.04.2018, 4) Amount 3 VS,J W.P.No.29698 of 2025 Rs.9,41,949/- in respect of its Agreement No.376/2018-19 Dated 25.04.2018., pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.No.29698 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: <…declaring the action of the Respondents herein in not releasing the final bill amount of Rs.37,19,511/- 1) Amount Rs.9,42,732/- in respect of its Agreement No.373/2018-19 Dated 25.04.2018, and M.Book No.3488MI ID.No.13013208006, for the work Desilting Savasani Kunta bed near Undhutia (V) Gadivemula (M) in Kurnool (Dt) under Neeru-Chettu Programme 2) Amount Rs.9,03,060/- in respect of its Agreement No.374/2018-19 Dated 25.04.2018, and M.Book No.3487MI, ID.No. 13013208005 for the work Desilting Oora Kunta bed near Undhuytia (V) Gadivemuloa (M) in Kurnoll (Dt) under Neeru-Chettu Programme 3) Amount Rs.9,31,770/- in respect of its Agreement No.375/2018-19 Dated 25.04.2018, and M.Book No.3489MI, ID.No. 13013208002 for the work Desilting Varmadi kunta bed near Undhutia (V) Gadivemula (M) in Kurnool (Dt) under Neeru- Chettu Programme 4) Amount Rs.9,41,949/- in respect of its Agreement No.376/2018-19 Dated 25.04.2018, and M.Book N0.3493MI, ID.No.13013208007 for the work Desilting Pedha Vanka near Paibhogula (V) Gadivemula (M) in Kurnool (Dt) under Neeru-Chettu Programme despite successful completion of the Work executed by the Respondents in terms of the said Agreements even after finalizing the bills and in spite of repeated requests is illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to 5 VS,J W.P.No.29698 of 2025 release and pay the Admitted Bills Total an amount of Rs.37,19,511/-along with interest 24 percentage p.a ….= 2. The petitioner had been awarded the contract of four works as per the agreements dated 25.04.2018 by the respondents. After execution of the aforementioned contract works, the respondents issued quality control certificates for six works i.e., 1) dated 14.11.2018 for a sum of Rs.9,42,732/-, 2) for a sum of Rs.9,03,060/-, 3) for a sum of Rs.9,41,949/-, 4) for a sum of Rs.9,31,770,/-. 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 amount payable to the petitioner as per the quality control certificates 1) dated 14.11.2018 for a sum of Rs.9,42,732/-, 2) for a sum of Rs.9,03,060/-, 3) for a sum of Rs.9,41,949/-, 4) for a sum of 6 VS,J W.P.No.29698 of 2025 Rs.9,31,770,/-. 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 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 1) dated 14.11.2018 for a sum of Rs.9,42,732/-, 2) for a sum of Rs.9,03,060/-, 3) for a sum of Rs.9,41,949/-, 4) for a sum of Rs.9,31,770,/- 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: 01.12.2025 KGR