APHC010240012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12258/2025 Between: 1. KARUMURU VENKATA REDDY,, S/O SRINIVASA REDDY, R/O TSUNDURU VILLAGE AND MANDAL, GUNTUR DISTRICT,A.P. ...PETITIONER AND 1. THE STATE OF ANDRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, (IRRIGATION WING), KRISHNA DISTRICT. 4. THE ENGINERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 5. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, GUNTUR . 7. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, REPALLE, BAPATLA DISTRICT. (ERESTWHILE GUNTUR DISTRICT) 2 VS,J W.P.No.12258 of 2025 8. THE DEPUTY EXECUTIVE ENGINEER, DRAINAGE SUB DIVISION, TENALI, 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 to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents herein in not releasing and paying the bills of total an amount of Rs. 15,76,384/- (Fifften Lakhs Seventysix Thousand Three hundered and Eighty Four Rupees) with interest as per the agreement to the petitioner of completion of Drainage works for removal of Weed from the Drains as illegal arbitrary, contrary to the principles of natural justice and in violation of the Art. 14,19 and 21 of the constitution of India and Consequentially direct the respondents to make the payment along with an interest of 18percent pa 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 to direct the respondents to release and pay the pending bills of total an amount of Rs. 15,76,384/- (Fifften Lakhs Seventysix Thousand Three hundred and Eighty Four Rupees) with interest as per the agreement to the petitioner of completion of Drainage works for removal of Weed from the Drains pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PETA GNANA TEJA 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.No.12258 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents herein in not releasing and paying the bills of total an amount of Rs.15,76,384/- (Fifteen Lakhs Seventy six Thousand Three hundred and Eighty Four Rupees) with interest as per the agreement to the petitioner of completion of Drainage works for removal of Weed from the Drains as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Art. 14, 19 and 21 of the constitution of India and Consequentially direct the respondents to make the payment along with an interest of 18% per annum forthwith ….” 2. The petitioner had been awarded the contract of three works as per the agreements dated 19.07.2023 by the Irrigation Department. After execution of the aforementioned contract works, the respondents issued quality control certificates i.e., dated 29.04.2024 for a sum of Rs.4,99,281/-, Rs.7,66,107/- and dated 27.03.2025 for a sum of Rs.3,10,456/-. 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 amount, 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 VS,J W.P.No.12258 of 2025 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 Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificates i.e., dated 29.04.2024 for a sum of Rs.4,99,281/-, Rs.7,66,107/- and dated 27.03.2025 for a sum of Rs.3,10,456/-. He further submits 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. 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 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 amounts to the petitioner in accordance with the quality control certificates i.e., dated 29.04.2024 for a sum of Rs.4,99,281/-, Rs.7,66,107/- and dated 27.03.2025 for a sum of Rs.3,10,456/- issued by the respondents, within a period of three (3) months from the date of receipt of a copy of this order. 5 VS,J W.P.No.12258 of 2025 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. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 08.10.2025 KGR