APHC010545832022 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 33422/2022 Between: 1. K HEMANTH VARMA, S/O K. HAZARATTAIAH AGED ABOUT 37 YEARS, CHETTIGUNTA ROAD,STONE HOUSE PET, NELLORE,SPSR NELLORE DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, COMMAND AREA DEVELOPMENT AUTHORITY, VIJAYAWADA. 3. THE SUPERINTENDING ENGINEER IRRIGATION CIRCLE, NELLORE SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, NELLORE NELLORE, SPSR NELLORE DISTRICT. 5. THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 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 all pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 33422/2022 K HEMANTH VARMA, S/O K. HAZARATTAIAH AGED ABOUT 37 YEARS, CHETTIGUNTA ROAD,STONE HOUSE PET, NELLORE,SPSR NELLORE DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. THE COMMISSIONER, COMMAND AREA DEVELOPMENT AUTHORITY, VIJAYAWADA. THE SUPERINTENDING ENGINEER IRRIGATION CIRCLE, NELLORE SPSR NELLORE DISTRICT. THE EXECUTIVE ENGINEER, NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, AMARAVATHI, 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 all pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE TWENTY SECOND DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA K HEMANTH VARMA, S/O K. HAZARATTAIAH AGED ABOUT 37 YEARS, CHETTIGUNTA ROAD,STONE HOUSE PET, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. THE COMMISSIONER, COMMAND AREA DEVELOPMENT THE SUPERINTENDING ENGINEER IRRIGATION CIRCLE, NELLORE CENTRAL DIVISION, THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, AMARAVATHI, 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 all pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in 2 VS,J W.P.No.33422 of 2022 withholding the undisputed amount payable to the petitioner in respect of works shown in Annexure-A 1 as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed amounts shown in Annexure-A1 payable to the petitioner in respect of execution of afore mentioned works with an interest @ 12 percent p.a. from the date of accepting the bills forthwith and pass such IA NO: 1 OF 2022 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 to pay undisputed amounts shown in Annexure-Al along with interest @ 12 percent p.a. from the date of accepting the bills forthwith with respect to works shown in Annexure-A I. pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRI AND CAD (AP) 3 VS,J W.P.No.33422 of 2022 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed amount payable to the petitioner in respect of works shown in Annexure-A1 as illegal, arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed amounts shown in Annexure-A1 payable to the petitioner in respect of execution of afore mentioned works with an interest @12 % p.a. from the date of accepting the bills forthwith and to pass such other order or orders ….” 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.7,72,891/-, Rs.6,24,034/- & Rs.5,74,535/-. 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.33422 of 2022 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 for Irrigation, on oral instructions, states 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 amounts payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.7,72,891/-, Rs.6,24,034/- & Rs.5,74,535/-. 6. 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 amounts to the petitioner in accordance with the quality control certificates dated 29.10.2020 & 27.02.2020 issued by the respondents within a period of three (3) months from the date of receipt of a copy of this order. 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. There shall be no order as to costs. 5 VS,J W.P.No.33422 of 2022 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 22.09.2025 MDP