L 'IT APHC010485012025 IN THE HIGH COURT OF ANDHRA PRA AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 246fin np onon Between: K. Venkata Ramanaiah, S/o. K. Venkataswamy, Aged about 61 Contractor, R/o.Kondaramapuram VHIage, Manubolu District, Pincode 524405. years, Occ Mandal, SPSR Nellore ...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, Secretariat Buildings, Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. 3. The Superintendent Engineer, Irrigation Circle District. Nellore, SPSR Nellore 4. The Executive Engineer WRD. Nellore Central Nellore District. 5. The Deputy Executive Engineer WRD SPSR Nellore District. 6. The Chief Executive Officer. APCFSS. S'- Floor. Nidhi Bhavan. Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. Division, Nellore, SPSR Ml Sub Division, Podalakur, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewithj, the High Court may be pleased 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. even after finalizing the bills, i.e., Improvements and 10,66,111/- vide M Book No.42 NCB/21-22 payable to the petitioner in relation to the works i Protection arrangements to Field Channel cui Manubolu Mandal of - cum Drain near Piduru Village in SPSR Nellore District, vide Agreement No. 56 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of -22 with interest (^24% petitioner in respect of execution of /DN/2021-22, dated 24.08.2021 i Rs. 10,66, 111/- vide M Book No.42 NCB/21 annum for the delayed amount to the above-mentioned work forthwith. per lA NO: 1 OF 2Q2fi Petition under Section 151 CPC in the affidavit tiled in support of the petition, the High Court may be pleased to direct the respondents to pay for payment of amount of Rs. 10,66,111/- vide M Book No.42 NCB/21-22 with interest . - amount to the petitioner in respect of execution of and Protection praying that in the circumstances stated @24% per annum for the delayed works i.e. Improvements arrangements to Field Channel cum Drain in Manubolu Mandal of SPSR Nellore near Piduru Village District, vide Agreement No.56 forthwith, pending disposal of the Writ /DN/2021-22, dated 24.08.2021, Petition. Counsel for the Petitioner: SMT.MODAPOTHULA Counsel for the Respondent Nos.1 Counsel for the Respondent Nos.2 & 6:GP FOR The Court made the following order: SUMALATHA 3 to 5: GP FOR IRRIGATION & CAD FINANCE & PLANNING APHC010485012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] 1 FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE f PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24650/2025 Between: 1.K VENKATA RAMANAIAH, S/O.K VENKATASWAMY. AGED ABOUT R/O.KONDARAMAPURAM SPSR NELLORE DISTRICT, 61 YEARS, OCC CONTRACTOR, VHLAGE, MANUBOLU MANDAL, PINCODE 524405. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF DEPARTMENT OF IRRIGATION (WATER SECRETARIAT BUILDINGS, SECRETARY, RESOURCES DEPARTMENT), VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. IRRIGATION CIRCLE, 3.THE SUPERINTENDENT ENGINEER NELLORE, SPSR NELLORE DISTRICT. 4.THE EXECUTIVE ENGINEER WRD, NELLORE CENTRAL DIVISION NELLORE, SPSR NELLORE DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER WRD, Ml SUB DIVISION PODALAKUR, SPSR NELLORE DISTRICT. 6.THE CHIEF EXECUTIVE OFFICER, APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR VS.jJ. W.p No.24650 of 202 ^ 2 DISTRICT, PINCODE 522503. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the Dlea'sed 'herewith, the High Court may be declarino t^e a® n or any other appropriate writ or direction 106^111/ h ITo Respondents not releasing the amount of Rs. 10,66,111/- vide M Book No.42 NCB/21-22 after finalizing the bills, i.e., Improvements and Channel cum Drain near Piduru Village Nellore District, vide Agreement /DN/2021-22, dated 24.08.2021 is questioned, as the same is illegal arbitrary RS i“6?TiT/ T Payment of amounts of Rs. 10,66, 111/- vide M Book No,42 NCe/21-22 with interest @24 percent per annum for the delayed amount to the petitioner above-mentioned work forthwith and , even payable to the petitioner in relation to the works Protection arrangements to Field Manubolu Mandal of in No. 56 in respect of execution of pass lA NO: 1 OF 2n?.q Petition under Section 151 CPC in the affidavit filed in praying that in the circumstances stated ^ of the petition, the High Court may be pleased ?0 6ri 1/ T'op P^^ amount 10,66,111/- vide M Book No.42 NCB/21-22 for the delayed amount to the petitioner Improvements and Protection of Rs. with interest @24% per annum respect of execution of works i.e. p. arrangements to Field Channel cum Drain Piduru Village in Manubolu Mandal of SPSR Nellore District No. 56 /DN/2021-22, dated 24.08.2021 Writ Petition and pass in near vide Agreement forthwith, pending disposal of the Counsel for the Petitioner: 1.MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP FOR IRRI and cad 2.GP FOR FINANCE PLANNING VS,J W.P No.24650 of 2025 3 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 not releasing the amount of Rs.10,66,111/- vide M Book No.42 NCB/21-22, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Improvements and Protection arrangements to Field Channel cum Drain near Piduru Village in Manubolu Mandal of SPSR Nellore District, vide Agreement No.56/DN/2021-22, dated 24.08.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.10,66, 111/- vide M Book No.42 NCB/21-22 with interest @ 24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such other order or orders...” 2. The petitioner had been awarded the contract of work i.e., Improvements and Protection arrangements to Field Channel cum Drain near Piduru Village in Manubolu Mandal of SPSR Nellore District, vide Agreement NO.56/DN/2021-22, dated 24.08.2021. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 06.05.2022 for a sum of Rs.10,66,111/-. 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. 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. 3. W.P No.24650 of 202o'^ 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 instructions, submits that the admitted amounts payable to the petitioner per the quality control certificate dated 06.05.2022 for a sum of Rs.10,66,111/-. 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. on oral as 6. Learned counsel for the petitioner agreed for payment of final bill the quality control certificates as stated by the learned Assistant Government Pleader. as per 7. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and aft^r 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 certificate dated 06.05.2022 for Rs.10,66,111/-, issued by the respondents, within a period of two (02) months from the date of receipt of a copy of this order. a sum of VS,J W.P No.24650 of 2025 5 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. Sd/-K SRINIVASA RAJU assistant registrar //TRUE COPY// SECTION OFFICER To, Department of Irrigation (Water 1. The Special Chief Secretary Department), State of Andhra Pradesh, Secretariat Resources Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Amaravathi, Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. 3. The Superintendent Engineer, Irrigation Circle, Nellore, SPSR Nellore District. 4. The Executive Engineer WRD, Nellore Central Division, Nellore, SPSR Nellore District. Deputy Executive Engineer WRD, Ml Sub Division, Podaiakur, SPSR Nellore District. 6. The Chief Executive Officer, APCFSS, 3 APIIC Building, Mangalagiri, Guntur District, Pincode 522503. 7. One CC to Smt. Modapothula Sumalatha, Advocate [OPUC] 8. Two CCs to GP for Irrigation and CAD High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. 5. The Floor, Nidhi Bhavan, Behind rd HIGH COURT DATED:26/09/2025 ORDER WP No. 24650 OF 2025 17 OCT 2025 IS ★^^uiiTent TCi 'Co £&I^ DISPOSING OF THE W.P. WITHOUT COSTS