APHC010454202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23483 OF 2024 Between: Nallamothu Sivaramakrishna, S/o. Nallamothu Venkatarathna, aged about 60 years R/o. D. No. 1-85, Kakumanu Village, Kakumanu Mandal, Guntur District, A.P. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department Secretariat, Velagapudi, Guntur District. 3. The District Collector, Guntur District, Guntur. District). 4. The Executive Engineer, Water Resources Department K.W. Division Tenali Guntur District. (Erstwhile Guntur ...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 any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in withholding the payment of final bill amount of Rs.4,33,255/- (Rupees Four lakhs thirty three thousand two hundred and fifty five only), even after finalizing the bills payable to the petitioner in relation to the execution of work ’s executed under O and M, Neeru- the Kakumanu (M) in Guntur (Dt.) as illegal, arbitrary and contrary to the principles of natural justice and consequently direct the respondents to pay the amount along with interest 24percent per annum from the date of execution of the work to the account of the petitioner. 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 pass an interim order directing the respondent authorities to release the amount of Rs.4,33,255/- (Rupees Four lakhs thirty three thousand two hundred and fifty five only) to the petitioner along with interest @ 24% per annum as per the entitlement for the execution of the work executed under O&M programme in the Kakumanu (M.) in Guntur (Dt.) until disposal of the above writ petition. Counsel for the Petitioner: SRI SRINIVASA RAO NARRA Counsel for the Respondent Nos.1,4: GP FOR IRRI AND CAD Counsel for the Respondent No.2: GP FOR FINANCE PLANNING Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following order: APHC010454202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ) • I [3333] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23483/2024 Between: S/0. NALLAMOTHU SIVARAMAKRISHNA, VENKATARATHNA, AGED ABOUT 60 YEARS R/0. D. NO. 1-85, KAKUMANU VILLAGE, KAKUMANU MANDAL, GUNTUR DISTRICT. 1. NALLAMOTHU A.P. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL WATER RESOURCES DEPARTMENT. SECRETARY SECRETARIAT. VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL SECRETARIAT, SECRETARY, FINANCE DEPARTMENT VELAGAPUDI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. (ERSTWHILE GUNTUR DISTRICT). 4.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT K.W. DIVISION, TENALI GUNTUR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circunnstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in withholding the payment of final bill amount of Rs.4,33,255/- (Rupees Four t0 2 W.P.NO.23483 OF20. lakhs thirty three thousand two hundred and fifty five only), even after finalizing the bills payable to the petitioner in relation to the execution of work executed under O and M, Neeru- the Kakumanu (M) in Guntur (Dt.) as illegal, arbitrary and contrary to the principles of natural justice and consequently direct the respondents to pay the amount along with interest 24percent per annum from the date of execution of the work to the account of the petitioner 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 pass an interim order directing the respondent authorities to release the amount of Rs.4,33,255/- (Rupees Four lakhs thirty three thousand two hundred and fifty five only) to the petitioner along with interest @ 24% per annum as per the entitlement for the execution of the work executed under O&M programme in the Kakumanu (M) in Guntur (Dt.) until disposal of the above writ petition, and pass Counsel for the Petitioner: 1.SRINIVASA RAO NARRA 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.N0.23483 0F 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; ■ Jo issue any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in withholding the payment of final bill amount of Rs.4,33,255/- (Rupees Four lakhs thirty three thousand two hundred and fifty five only), even after finalizing the bills payable to the petitioner in relation to the execution of work executed under O & M, Neeru- the Kakumanu (M) in Guntur (Dt.) as illegal, arbitrary and contrary to the principles of natural justice and conseguently direct the respondents to pay the amount along with interest 24% per annum from the date of execution of the work to the account of the petitioner 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 Rs13,39,278/-. 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. 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 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. 4 VC W.P.NO.23483 OF 20^ on record 5. On the other hand, learned Government Pleader placed written instructions submitted by the 4 th respondent/Executive Engineer K.W.Division, Tenali, vide Letter No.EE/KWD/TNLAA/.P.No.23483 dated 15.09.2025, stating that the admitted of 2024, amount of Rs.4,85,731/- is payable to the petitioner and the bill is under process for want of BRO. He further submits that although the quality control certificate reflects an amount of Rs. 13,39,278/- payable to the petitioner, and on instructions of the 4 respondent, the amount payable to the petitioner is Rs.4,85,731/-. Learned th counsel for the petitioner endorsed the said submission. In view of the facts and circumstances of the case, 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 payable to the petitioner, within a period of four (04) weeks from the date of receipt of a copy of this order. No costs. 5. 6. 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 7. Petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR SECTI^m^lCER //TRUE COPY// To, 1. The Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Guntur District. 2, The Principal Secretary, Finance Department Velagapudi, Guntur District. Secretariat Hi 3. The District Collector, Guntur District, Guntur. (Erstwhile Guntur District). 4. The Executive Engineer, Water Resources Department Division, Tenali Guntur District. 5. OneCCto SRI. SRINIVASA RAO NARRA Advocate [OPUC] 6. Two CCs to GP FOR IRRI AND CAD High Court of Andhra Pradesh [OUT] 7. Two CCs to GP FOR FINANCE PLANNING High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]. 9. Two CD Copies. K.W. AL HIGH COURT TL DATED; 16/09/2025 ORDER WP NO. 23483 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS