APHC010054062024 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: 3376/2024 Between: 1. K JANARDHAN REDDY,, S/O.K SANKAR REDDY, AGED ABOUT 56 YEARS, OCC- CONTRACTOR, R/O. PATHA VELLANTI, NELLORE RURAL, SPSR NELLORE DISTRICT, PIN CODE- 524 309 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER, . IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER WRD, NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 5. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.NO.3376 OF 2024 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 a writof mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.6,40,584/- vide M Book No. 173 NCC/20-21, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Removal of Weed (Shoals) in Leading channel from Beeraperu to Sangam pumping scheme, Sangam Pumping scheme main channel and Supply channels of Korimerola big tank and Thalupurupadu tank in Sangam (M) of SPSR Nellore District, vide Agreement NO.147/DN/2021-22, dated 20.09.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.6,40,584/- vide M Book No. 173 NCC/20- 21 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA 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 may please to direct the respondents to pay for payment of amount of Rs.6,40,584/- vide M Book No. 173 NCC/20-21 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Removal of Weed (Shoals) in Leading channel from Beerapeni to Sangam pumping scheme, Sangam Pumping scheme main channel and Supply channels of Korimerola big tank and Thalupurupadu tank in Sangam (M) of SPSR Nellore District, vide Agreement NO.147/DN/2021-22, dated 20.09.2021, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS,J W.P.NO.3376 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 not releasing the amount of Rs.6,40,584/- vide M Book No. 173 NCC/20-21, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Removal of Weed (Shoals) in Leading channel from Beeraperu to Sangam pumping scheme, Sangam Pumping scheme main channel and Supply channels of Korimerola big tank and Thalupurupadu tank in Sangam (M) of SPSR Nellore District, vide Agreement NO.147/DN/2021-22, dated 20.09.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.6,40,584/- vide M Book No.173 NCC/20-21 with interest @ 24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass....” 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.6,47,062/-. 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. 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- 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 4 VS,J W.P.NO.3376 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. 5. 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.6,47,062/-. 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 certificates dated 18.06.2022 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :15.09.2025 LSP 5 VS,J W.P.NO.3376 OF 2024 261 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3376/2024 Date :15.09.2025 LSP