APHC010287502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14641/2025 Between: 1. M/S BALAJI CONSTRATIONS, REP BY ITS MANAGING PARTNER JAMPANA SUMAN VARMA, S/O. SURYANARAYANA RAJU, AGED ABOUT 42 YEARS, OCC CONTRACTOR, R/O. D.NO. 2-107, SINGARAYAPALEM, BHEEMANPALLI, UPPALAGUPTAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT - 533222. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR IRRIGATION WING, DR. B.R. AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM. 3. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 4. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, DRAINAGE DIVISION, DOWLESWARAM, EAST GODAVARI DISTRICT. 5. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, KAKINADA, KAKINADA DISTRICT. 2 VS,J W.P.NO.14641 OF 2025 6. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA. 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, 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 tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bills amount worth of Rs.22,44,961/-1) Amount of Rs.5,44,784/-, vide its Agreement No.40/2024- 25, M.Book.Nos. 2247A and 2245A and QC.No. 58943, 2) Amount of Rs.5,34,340/-, vide Agreement No.41/2024-25, M.Book.Nos. 2247A and 2245A and QC.No. 58944, 3) Amount of Rs.5,91,073/-, vide its Agreement No.42/2024-25, M.Book.Nos. 2247A and 2245A and QC.No. 58945 4) Amount of Rs.5,74,764/-, vide its Agreement No.43/2024-25, M.Book.Nos. 2247A and 2245A and QC.No. 58946 with interest of execution of completion of O and M works under Irrigation Department, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.22,44,961/- for execution of completion of Irrigation works under Water Resource Department as per agreement to the petitioner forthwith and to pass such 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 may be pleased to direct the respondents releasing the Final bills amount worth of Rs.22,44,961/-1) Amount of Rs.6,44,784/-, vide its Agreement No.40/2024-25 & QC.No. 58943, 2) Amount of Rs.5,34,340/-, vide Agreement No.41/2024-25 & QC.No. 58944, 3) Amount of Rs.5,91,073/-, vide its Agreement No.42/2024-25 & QC.No. 58945 4) Amount of Rs.5,74,764/-, vide its Agreement No.43/2024-25 & QC.No. 58946 with interest of execution of completion of O&M works under Irrigation Department for execution of completion of Irrigation works under Water Resource Department as per 3 VS,J W.P.NO.14641 OF 2025 agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass such 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.14641 OF 2025 ORDER:- This writ petition is 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 declare the inaction on part of the respondents herein not releasing the final bills amount worth of Rs.22,44,961/-1) Amount of Rs.5,44,784/-, vide its Agreement No.40/2024-25, M.Book.Nos. 2247A and 2245A and QC.No. 58943, 2) Amount of Rs.5,34,340/-, vide Agreement No.41/2024-25, M.Book.Nos. 2247A and 2245A and QC.No. 58944, 3) Amount of Rs.5,91,073/-, vide its Agreement No.42/2024-25, M.Book.Nos. 2247A and 2245A and QC.No.58945 4) Amount of Rs.5,74,764/-, vide its Agreement No.43/2024-25, M.Book.Nos. 2247A and 2245A and QC.No. 58946 with interest of execution of completion of O & M works under Irrigation Department, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.22,44,961/- for execution of completion of Irrigation works under Water Resource Department as per agreement to the petitioner forthwith and to pass such...” 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 to a tune of Rs.5,44,784/-, Rs.5,34,340/- Rs.5,91,073/-, Rs.5,74,764/-. As the payment of the said amounts have 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- 5 VS,J W.P.NO.14641 OF 2025 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 placed 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 certificates filed by the petitioner to a tune of Rs.5,44,784/-, Rs.5,34,340/- Rs.5,91,073/-, Rs.5,74,764/-. 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 certificate dated 21.04.2025 issued by the respondents within a period of four (04) 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. 6 VS,J W.P.NO.14641 OF 2025 Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :16.09.2025 LSP 7 VS,J W.P.NO.14641 OF 2025 238 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14641/2025 16.09.2025 LSP