\ APHC010189562024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) O; a MONDAY,THE FIFTEENTH DAY OF SEPTEMBdfi\l TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA c» ^ WRIT PETITION NO: 9583 OF 2024 Between: K. Hemanth Varma, S/o. Hazarataiah, aged about 39 years Contractor, Nellore District Occ: R/o.Chettigunta Road, Stonehousepet, Nellore SPSR ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and Command Area Amaravathi, Guntur District. 2. The Commissioner, Vijayawada. 3. The Superintending Engineer, Irrigation Circle, Nellore SPSR Nellore District. 4. The Executive Engineer, Nellore Central Division, Nellore SPSR Nellore District. 5. The Principal Secretary, Department of Finance and Secretariat, Amaravathi, Guntur District. Development Department, Secretariat, Command Area Development Authority, Planning, ...Respondents 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed amount payable to the petitioner in respect of work i.e., Repairs to Shutters of China ' PMbrukuru regulator and M.V.Palem Channel in TP Guduru Mandal of SPSR MelJipre District , as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed amount i.e. Rs. 12,44,873/- payable to the petitioner in respect of execution of afore mentioned work with an interest @ 12 percent p.a. from the date of accepting the bills forthwith. lA NO: 1 OF 2024 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 pay undisputed amount i.e. Rs. 12,44,873/- along with interest @ 12 % p.a. from the date of accepting the bills forthwith with respect to work i.e.. Repairs to Shutters of China Cherukuru regulator and M.V.Palem Channel in T.P Guduru Mandal of SPSR Nellore District pending disposal of the Writ Petition. Counsel for the Petitioner: SRI C SUBODH Counsel for the Respondent Nos. 1 to 4: GP FOR IRRIGATION COMM AREA DEV Counsel for the Respondent No. 5: GP FOR FINANCE PLANNING The Court made the following order: APHC010189562024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9583/2024 Between: 1.K. HEMANTH VARMA, S/0. HAZARATAIAH OCC CONTRACTOR, AGED ABOUT 39 YEARS, STONEHOUSEPET, NELLORE SPSR NELLORE DISTRICT R/O.CHETTIGUNTA ROAD, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATIONAND COMMANDAREA DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER, COMMAND AREA DEVELOPMENT AUTHORITY, VIJAYAWADA. 3.THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, NELLORE SPSR NELLORE DISTRICT. 4.THE EXECUTIVE ENGINEER, NELLORE CENTRAL DIVISION, NELLORE SPSR NELLORE DISTRICT. 5.THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, AMARAVATHI, GUNTUR 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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the 2 VS,,: W.P.NO.9583 OF 2024 undisputed amount payable to the petitioner in respect of work i.e., Repairs to Shutters of China Cherukuru regulator and M.V.Palem Channel in T.P Guduru Mandal of SPSR Nellore District , as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed amount i.e. Rs. 12,44,873/- payable to the petitioner in respect of execution of afore mentioned work with an interest @ 12 percent p.a. from the date of accepting the bills forthwith and pass lA NO: 1 OF 2024 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 to pay undisputed amount i.e. Rs. 12,44,873/- along with interest @ 12 % p.a. from the date of accepting the bills forthwith with respect to work i.e.. Repairs to Shutters of China Cherukuru regulator and M.V.Palem Channel in T.P Guduru Mandal of SPSR Nellore District pending disposal of the Writ Petition and Counsel for the Petitioner: pass 1.C SUBODH Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR IRRIGATION COMM AREA DEV The Court made the following: C' 3 VS,J W.P.NO.9583 OF 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; " ... to issue a writ of mandamus or any other appropriate writ or direction declaring- the action of the Respondents in withholding the undisputed amount payable to the petitioner in respect of work i.e., Repairs to Shutters of China Cherukuru regulator and M.V.Palem Channel in T.P Guduru Mandal of SPSR Nellore District, as illegal, arbitrary and contrary to the Principles of natural justice and conseguently direct the respondents to pay undisputed amount i.e., Rs. 12,44,873/- payable to the petitioner in respect of execution of aforementioned work with an interest @ 12 % p. a. from the date of accepting the bills forthwith and pass..' The petitioner had been awarded the contract of work(s) by the 2. Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate to a tune of Rs. 12,44,873/-. 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. It is the contention of the petitioner that even though the respondents 3. 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. This Court, in various orders, including the judgment of a learned Single 4. Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had vs,; W.P.N0.9583 OF 2024 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. On the other hand, learned Government Pleader placed on oral instructions stating 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. 12,44,873/-. 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 certificate dated 31.08.2020 issued by the respondents within a period of one (01) month from the date of receipt of a 5. 6. copy of this order. No costs. 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. 7. Sd/- SHAIK MOHD. RAF! ASSISTANT REGISTRAR //TRUE COPY//' SECTION OFFICER To, 1. The Principal Secretary, Irrigation and Command Area Development Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. L 2. The Vijayawada. 3. The Superintending Engineer, Irrigation Circle, Nellore District. 4. The Executive Engineer, Nellore Central Division, Nellore District. 5. The Principal Secretary, Department of Finance Secretariat, Amaravathi, Guntur District. 6. One CC to Sri. C Subodh Advocate [OPUC] 7. Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Irrigation and Common Area Dev High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC Commissioner, Command Area Development Authority, SPSR Nellore Nellore SPSR and Planning HIGH COURT DATED: 15/09/2025 ORDER WP NO. 9583 OF 2024 DISPOSING THE WP WITHOUT COSTS