. f 1 ! APHC010305292025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI / (Special Original Jurisdiction) / TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15491 OF 20?.^ Between: M/s. Sudhakara Infratech Pvt. Ltd., D.No. 6-3-1247, Flat No 304 Residency, Rajbhavan Road, Hyderabad- 5000 082 Rep by Its Power Attorney, Sri Balaranga Reddy Chilakala, S/o. CC Yalla Reddy, Aged about 48 years. Metro of ...PETITIONER AND 1 The State of Andhra Pradesh, Rep. by Its Principal Secretary, Irrigation Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Department of Finance and Velagapudi, Amaravathi, Guntur District. to Planning, Secretariat, 3. The Director of Works and Accounts, ‘ Road, Governorpet, Vijayawada- 520002. 4. The Commissioner CADA, Water Resources Department Bhavan, Namboori Gopalarao Street, Hanumanpet, Vijayawada - 520 Stalin Central, 8th floor, M.G Vyshya 5. The Superintending Engineer, Construction Circle, Ongole. 6. The Executive Engineer, Water No. 1, Ongole. Water Resources Department^ Resources Department, G.R.P Division 7. The Pay and Accounts Office, works and Accounts NSP, Pelluru colony Near Nagarjuna University. Ongole -523001. •--'if ; • ...RESPONDENTS 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 appropriate writ, order or direction more particularly one in the .... nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing the admitted amount to the execution of works in related to Agreement No 23-03-2021 petitioner for the 86/2020-21, dated respectively as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction directing release the amounts payable to the the respondent authorities petitioner with an interest at 18% per to annum. jA NO: 1 OF 20?.*^ 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 respondent authorities to release admitted amount to the petitioner 2*3 03^202^'^^*'°'^ Agreement No. 86/2020-21, dated respectively, pending disposal of the above writ petition. - ^ Counsel for the Petitioner: Counsel for the Respondent Nos. Counsel for the Respondent Nos. The Court made the following SRI VENKAT SAILENDRA G ^ " 1, 4 to 6: GP FOR IRRIGATION &CAD 2,3 & 7:GP FOR FINANCE & PLANNING order: APHC010305292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SEEA [3333] FI'S >T TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15491/2025 Between: 1.M/S SUDHAKARA INFRATECH PVT LTD, D.NO. 6-3-1247, FLAT NO. 304, METRO RESIDENCY, RAJBHAVAN ROAD, HYDERABAD- 5000 REP. BY ITS POWER OF ATTORNEY, S/0. CC YALLA REDDY, AGED ABOUT 48 082 SRI BALARANGA REDDY CHILAKALA YEARS. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL IRRIGATION DEPARTMENT, SECRETARIAT, SECRETARY VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DIRECTOR OF WORKS AND ACCOUNTS, STALIN CENTRAL 8TH FLOOR, M.G. ROAD, GOVERNORPET, VIJAYAWADA- 520002. 4.THE COMMISSIONER CADA, WATER RESOURCES DEPARTMENT VYSHYA BHAVAN, NAMBOORI GOPALARAO STREET HANUMANPET, VIJAYAWADA - 520 003. 5.THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, CONSTRUCTION CIRCLE, ONGOLE. 2 •»< W.P.NO.15491 OF 2025 6.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, G.R.P DIVISION NO. 1, ONGOLE. 7.THE PAY AND ACCOUNTS OFFICE, WORKS AND ACCOUNTS PELLURU COLONY, NEAR NAGARJUNA UNIVERSITY 523001. NSP ONGOLE- ...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 pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing the admitted amount to the petitioner for the execution of works in related to Agreement No. 86 /2020-21 dated 23-03-2021, respectively as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms Policy and to of the Public issue consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interesLat ISpercent per annum and to pass such other order Justice. or orders in the interest of lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondent authorities to release amount to the petitioner for the execution of works in related to Agreement No. 86 /2020-21, dated 23-03-2021 admitted respectively, pending disposal of the above writ petition and to pass Counsel for the Petitioner; 1.VENKAT SAILENDRA G Counsel for the Respondent{S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: 3 VS,J A W.P.N0.154910F2025 ORDER:- This writ petition is 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 action of the respondent authorities in not releasing the admitted amount to the petitioner for the execution of works in related to Agreement No. 86 /2020-21, dated 23-03- 2021, respectively as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue conseguential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest at 18% per annum and to pass... ” The petitioner had been awarded the contract of work(s) by the 2. Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate to a tune of Rs.1,35,32,085/-. 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. It is the contention of the petitioner that even though the respondents 3. 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. This Court, in various orders, including the judgment of a learned Single 4. 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. W.P.N0.154910F 202S learned Government Pleader placed was not released by the Government, after release of the budget by the petitioner, however, admitted the 5. On the other hand, instructions stated that since the budget the bills were not paid to the petitioner. Soon Government, the bills will be paid to the amount payable to the petitioner the petitioner to a tune of Rs. 1,35,32,085/-. In view of the facts and circumstances submitted directions of this Court i^ learned counsel for the petitioner, this Writ direction to the respondents to release the accordance with the quality control certificate dated 07 respondents within a period of six (06) months from the copy of this order. No costs. oral per the quality control certificate filed by as 6. in the affidavit, and the in various cases and after hearing the submissions of Petition is disposed of with a amount to the petitioner in .01.2022 issued by the date of receipt of a 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. Sd/- M PRABHAKAR RAO ASSISTANTqE^TRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Irrigation Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary to Government, Department of Finance and Planning, State of Andhra Pradesh, Amaravathi, Guntur District. Secretariat, Velagapudi, 3. The Director of Works and Accounts, Stalin Central, 8th floor, M.G. Road, Governorpet, Vijayawada- 520002. 4. The Commissioner CADA, Water Resources Department, Vyshya Bhavan, Namboori Gopalarao Street, Hanumanpet, Vijayawada - 520 003. 5. The Superintending Engineer, Water Resources Department, Construction Circle, Ongole. 6. The Executive Engineer, Water Resources Department, G.R.P Division No. 1, Ongole. 7. The Pay and Accounts Office, works and Accounts NSP, Pelluru colony. Near Nagarjuna University. Ongole -523001. 8. One CC to Sri Venkat Sailendra G, Advocate [OPUC] 9. Two CCs to GP for Irrigation and CAD High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 11. Two CD Copies. ssb U- HIGH COURT DATED:16/09/2025 ORDER WP No.15491 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS