APHC010570662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29596/2025 Between: 1. TALARI RAJESH KUMAR, /O. ANJAYYA, AGED ABOUT 41 YEARS, R/O.H. NO. 2-48, NEAR SCHOOL, BOBBARLANKA VILLAGE, ATREYAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. . 3. THE COMMAND AREA DEVELOPMENT AUTHORITY CADA, HANUMAN PETA, VIJAYAWADA, N.T.R DISTRICT. REP BY ITS COMMISSIONER. 4. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, DOWLAISWARAM. EAST GODAVARI 2 VS,J W.P.NO.29596 OF 2025 DISTRICT. 5. THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, DR. B.R. AMBEDKAR KONASEEMA 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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs.4,26,207/- even after finalizing the bills, p ay able to me in relation to the work Removal of weed growth from Madiki and Choppella Water Users Associoations for Khariff and Rabi Season for the year 2019-2020 as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs.4,26,207/- to the petitioner in respect of execution of above-mentioned work forthwith 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 resp ondents to consider for p ayment of amount of Rs .4,26,207/- to the p etitiona* in respect of execution of work <Removal of weed growth from Madiki and Choppella Water Users Associations for Khariff and Rabi Season for the year 2019-2020= forthwith p ending disposal of the main Writ Petition and p ass such further order or orders as this Hon’ble court may deem fit and proper in the circumstance of the case. Counsel for the Petitioner: 3 VS,J W.P.NO.29596 OF 2025 1. PAPUDIPPU SASHIDAR REDDY 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.29596 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: <….to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs.4,26,207/- even after finalizing the bills, payable to me in relation to the work <Removal of weed growth from Madiki and Choppella Water Users Associations for Khariff and Rabi Season for the year 2019-2020= as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs.4,26,207/- to the petitioner in respect of execution of above-mentioned work forthwith...= 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 certificate to a tune of Rs.3,98,478/-. 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 5 VS,J W.P.NO.29596 OF 2025 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 Government Pleader on 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, the respondents admitted the amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.3,98,478/-. 6. Though the petitioner claimed an amount of Rs.4,26,207/- as per the agreement, however, agreed to dispose of Writ Petition basing upon the quality control certificate issued by the respondents dated 07.08.2020 to a tune of Rs.3,98,478/- within a period of two months. 6 VS,J W.P.NO.29596 OF 2025 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 amount to the petitioner in accordance with the quality control certificate dated 07.08.2020 issued by the respondents within a period of two (02) 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. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :12.11.2025 LSP 7 VS,J W.P.NO.29596 OF 2025 287 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29596/2025 Date :12.11.2025 LSP