APHC010239992025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12254/2025 Between: 1. BOMMU SAMBI REDDY,, S/O KRISHNA REDDY, AGED ABOUT 55 YEARS, R/O D.NO. 1 GUNTUR DISTRICT,A.P. 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 I 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 P BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 5. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12254/2025 BOMMU SAMBI REDDY,, S/O KRISHNA REDDY, AGED ABOUT 55 YEARS, R/O D.NO. 1-84,CHIVALUR VILLAGE KOLLIPARA MANDAL, GUNTUR DISTRICT,A.P. ...PETITIONER AND 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. THE STATE OF ANDRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR IRRIGATION WING, KRISHNA THE ENGINERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3333] TWENTY THIRD DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA BOMMU SAMBI REDDY,, S/O KRISHNA REDDY, AGED ABOUT 55 84,CHIVALUR VILLAGE KOLLIPARA MANDAL, ...PETITIONER 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, TS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, THE DISTRICT COLLECTOR IRRIGATION WING, KRISHNA THE ENGINERINCHIEF, MINOR AND MAJOR IRRIGATION RADESH, IRRIGATION THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 2 VS,J W.P.No.12254 of 2025 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT GUNTUR. 7. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, REPALLE, BAPATIA DISTRICT. (ERESTWHILE GUNTUR DISTRICT) 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 topleased 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. 14,87,725/- (Fourteen Lakhs Eighty Seven Thousand seven hundered and Twenty five 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 percent 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 pleased to direct the respondents to release and pay the pending bills of total an amount of Rs. 14,87,725/- (Fourteen Lakhs Eighty Seven Thousand seven hundered and Twenty five 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 3 VS,J W.P.No.12254 of 2025 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 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.14,87,725/- (Fourteen Lakhs Eighty Seven Thousand seven hundered and Twenty five 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% pa forthwith and to pass such other order or orders ….” 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.2,57,372/-, Rs.3,94,399/-, Rs.3,67,284/-, Rs.1,24,662/- & Rs.3,44,008/-. 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- payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 4 VS,J W.P.No.12254 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 Government Pleader for Irrigation, on oral instructions, states 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 amounts payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.2,57,372/-, Rs.3,94,399/-, Rs.3,67,284/-, Rs.1,24,662/- & Rs.3,44,008/-. 6. In view of the facts and circumstances of the case, 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 dated 03.02.2025 & 27.08.2024 issued by the respondents within a period of three (3) months from the date of receipt of a copy of this order. 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. There shall be no order as to costs. 5 VS,J W.P.No.12254 of 2025 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 23.09.2025 MDP