APHC010266452024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15906/2024 Between: 1. M/S. SREE MANDALI ENTERPRISES,, REP. BY ITS PARTNER SANAKA KOTA VENKATA RENUKA RAVI VARA PRASAD, S/O. NAGA BASAVAIAH, AGED 39 YEARS, OCC- CONTRACTOR, R/O. D. NO. 1-2, NAGAYALANKA VILLAGE, NAGAYALANKA MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION, CAD WATER RESOURCES, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, VIJAYAWADA, NTR DISTRICT. 3. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, KRISHNA EASTERN DIVISION, VIJAYAWADA, NTR DISTRICT. 4. THE COMMISSIONER, COMMAND DEVELOPMENT AREA (CAD) WATER RESOURCES DEPARTMENT, GOVT, OF A.P., VIJAYAWADA, KRISHNA DISTRICT. 2 VS,J W.P.NO.15906 OF 2024 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, 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 pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of balance amount even after finalizing the bill, payable to the petitioner in relation to the execution of works i.e., (1) Rs. 12,41,687/- in respect of the work O and M - Removal of Weed by means of Chemical, Manual and Ploughing on Krishna Eluru Canal from KM 18.500 to KM 25.700 including Channels/Canals for the year 2023-24, vide Agreement No. 03/2023-24 and (2) An amount of Rs. 12,35,940/- for the work O and M - Removal of Weed by means of Chemical, Manual and Ploughing on Krishna Eluru Canal from KM 35.000 to KM 43.431 including Channels/Canal s for the year 2023-2024 vide Agreement No. 05/2023-24 as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to consider for payment of amounts to the petitioner in respect of execution of afore mentioned works forthwith and pass IA NO: 1 OF 2024 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 consider for payments of amounts payable to the petitioner in respect of works i.e., (1) Rs. 12,41,687/- in respect of the work “O & M - Removal of Weed by means of Chemical, Manual and Ploughing on Krishna Eluru Canal from KM 18.500 to KM 25.700 including Channels/Canals for the year 2023-24”, vide Agreement No. 03/2023-24 and (2) An amount of Rs. 12,35,940/- for the work “O & M - Removal of A Weed by means of Chemical, Manual and Ploughing on Krishna Eluru Canal from KM 35.000 to KM 43.431 including Channels/Canals for the year 2023-2024” vide Agreement No. 05/2023-24 pending disposal of the Writ Petition and pass Counsel for the Petitioner: 3 VS,J W.P.NO.15906 OF 2024 1. B S N NAIDU Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING The Court made the following 4 VS,J W.P.NO.15906 OF 2024 ORDER:- This writ petition is 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 payment of balance amount even after finalizing the bill, payable to the petitioner in relation to the execution of works i.e., (1) Rs. 12,41,687/- in respect of the work “O & M - Removal of Weed by means of Chemical, Manual and Ploughing on Krishna Eluru Canal from KM 18.500 to KM 25.700 including Channels/Canals for the year 2023-24”, vide Agreement No. 03/2023-24 and (2) An amount of Rs.12,35,940/- for the work O & M - Removal of Weed by means of Chemical, Manual and ploughing on Krishna Eluru Canal from KM 35.000 to KM 43.431 including Channels/Canals for the year 2023-2024” vide Agreement No. 05/2023- 24 as illegal, arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to consider for payment of amounts to the petitioner in respect of execution of aforementioned works forthwith and pass....” 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.12,39,032/-, Rs.12,30,720/-, respectively. 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- 5 VS,J W.P.NO.15906 OF 2024 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 placed on oral instructions stating 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 certificate filed by the petitioner to a tune of Rs.12,39,032/-, Rs.12,30,720/-. 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 amount to the petitioner in accordance with the quality control certificates dated 18.09.2024 issued by the respondents within a period of four (04) months from the date of receipt of a copy of this order. No costs. 8. 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. 6 VS,J W.P.NO.15906 OF 2024 Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :15.09.2025 LSP 7 VS,J W.P.NO.15906 OF 2024 263 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15906/2024 Date :15.09.2025 LSP