APHC010118252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6212/2025 Between: 1. MCSR CONSTRUCTIONS, R/O. DOOR NO. 42/547-1, NGO COLONY, OPPVENKATESWARASWAMY TEMPLE, CHINNACHOWK, KADAPA TOWN, YSR KADAPA DISTRICT. REP BY ITS PROPRIETOR SRI. MACHIREDDY CHANDRASEKHAR REDDY, S/O. NAGIREDDY ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE KADAPA, YSR KADAPA DISTRICT. 4. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, M.L. DIVISION,KADAPA, YSR KADAPA DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, M.I.SUB-DIVISON,KADAPA, YSR KADAPA DISTRICT. -2- W.P.No.6212 of 2025 Date of order:25.11.2025 ...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 a writ, order, or direction more particularly one in the nature ofWRIT OF MANDAMUS declaring the action of the respondents in not paying bills amount to the petitioner for the works executed by him Proposed Development of Ulimella Lake(Package-l) in Pulivendula Town of YSR Kadapa District. for an amount of Rs.4,10,94,775/-with interest, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bills amount along with interest to the petitioner in the interest of justice 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 pleased to direct the respondents to pay bills amount to the petitioner for the works executed by him <Proposed Development of Ulimella Lake(Package-l ) in Pulivendula Town of YSR Kadapa District." for an amount of Rs.4,10,94,775 /- with interest pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. PETLURI NAGA RAJU Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: -3- W.P.No.6212 of 2025 Date of order:25.11.2025 THE HON’BLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.6212 OF 2025 ORDER: 1. The present writ petition came to be 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 ofWRIT OF MANDAMUS declaring the action of the respondents in not paying bills amount to the petitioner for the works executed by him Proposed Development of Ulimella Lake(Package-l) in Pulivendula Town of YSR Kadapa District. for an amount of Rs.4,10,94,775/-with interest, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bills amount along with interest to the petitioner in the interest of justice and to pass such order….= 2. The learned counsel for the petitioner submits that the petitioner had been awarded the contract of works. The details of the work is, proposed development of Ulimella Lake(Package-l) in Pulivendula Town of YSR Kadapa District, vide agreement No.30 SE/2021-22, dt.22.11.2021. It is further submitted that after execution of the works, the respondents recorded the progress of the work in M book and issued quality control certificate to a tune of Rs.3,71,80,248/-. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. -4- W.P.No.6212 of 2025 Date of order:25.11.2025 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. 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, admitted the amount payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.3,71,80,248/-. 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 -5- W.P.No.6212 of 2025 Date of order:25.11.2025 26.02.2024 issued by the respondents within a period of eight (08) 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 BV