APHC010568552025 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: 29646/2025 Between: 1. NAS BABU CONSTRUCTIONS PRIVATE LTD, REP BY ITS MANAGING DIRECTOR, N.V.V. NAGENDRAM, S/O. VENKATESWARA RAO AGED ABOUT 55 YEARS, OCC- CONTRACTOR, R/O. H.NO. 10/150-A2, RAJENDRA NAGAR, GUDIVADA, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, 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 AND DISTRICT MAGISTRATE, GUNTUR DISTRICT AT GUNTUR. 3. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, STATE OF ANDHRA PRADESH, IRRIGATION BHAVAN VIJAYAWADA, N.T.R. DISTRICT. 4. THE SUPERINTENDNETING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, GUNTUR, GUNTUR DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION , CHIRALA, BAPATIA DISTRICT., PREVIUSLY PRAKASAM DISTRICT. 6. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY 2 VS,J W.P.No.29646 of 2025 (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, N.T.R. DISTRICT. 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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in withholding the payment of proposed balance amount of Rs.6,09,348/- even after finalizing the bills, payable to the work for Neeru- Chettu programmee - Eart work excavation in ogeru vagu from 72.550 to k.m. 73.300 near Maddirala ( v) in Chilakaluripet a Mandal, Guntur Disrict vide Agreement. No. 41SE/17-18 dt. No. 41SE/17-18 dt. 23.06.2017, D.R.No. 15SE/17-18, Q.C.No. 284/18-19 dt.20.03.2019 and M.B.Book.No. 1121/DDC/18 Under Irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreement as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the proposed balance amount of Rs.6,09,348/- for execution of completion of works as per agreement to the petitioner forthwith and to 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 to release the proposed balance amount of Rs.6,09,348/- for execution of completion of works as per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 VS,J W.P.No.29646 of 2025 The Court made the following 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 inaction of the respondents in withholding the payment of proposed balance amount of Rs.6,09,348/- even after finalizing the bills, payable to the work for Neeru- Chettu programmee - Eart work excavation in ogeru vagu from 72.550 to k.m. 73.300 near Maddirala ( v) in Chilakaluripet a Mandal, Guntur Disrict vide Agreement. No. 41SE/17-18 dt. 23.06.2017, D.R.No. 15SE/17-18, Q.C.No. 284/18- 19 dt.20.03.2019 and M.B.Book.No. 1121/DDC/18 Under Irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreement as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the proposed balance amount of Rs.6,09,348/- for execution of completion of works as per agreement to the petitioner forthwith ….= 2. The petitioner had been awarded the contract for work as per the agreement dated 23.06.2017 by the respondents. The grievance of the petitioner is that, in spite of completion of the aforesaid works, the respondent authorities have not released an amount of Rs.6,09,348/- in favour of the petitioner. Challenging which, the present writ petition is filed. 3. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Irrigation and learned Assistant Government Pleader for Finance & Planning representing the respondents. 4 VS,J W.P.No.29646 of 2025 4. 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- payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 5. 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. 6. Learned Assistant Government Pleader for Irrigation has furnished a copy of instructions of the Executive Engineer, Drainage Division, Chirala vide Letter No:EE/DD/CRL/AB/A1/Court Case/484M, dt.15.11.2025, wherein the works done by the petitioner were admitted, but, however it is stated that as the petitioner opted for a one-time settlement with discount of 20%, the said amount, which comes to Rs.5,79,751/- was withheld as per the willingness extended by the petitioner voluntarily, and as the petitioner is now requesting for refund of the said amount, the bill is under preparation and will be uploaded if no technical problems arise in the NIDHI website subject to the availability of funds. 7. In view of the fact that an amount of Rs.5,79,751/- is admitted to be withheld by the respondents, the Writ Petition is disposed of, directing respondent Nos.2 to 7 to pay the admitted amount to the petitioner within a 5 VS,J W.P.No.29646 of 2025 period of two (2) months from the date of receipt of a copy of this order. No costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 01.12.2025 KGR