APHC010314952025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15979/2025 Between: 1. SRI. G. ADHI NARAYANA REDDY,, S/O. G. VENKATA REDDY, FLAT.NO.401,4TH FLOOR, SAI APARTMENTS, SBI COLONY, NANDYAL, NANDYAL DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, IRRIGATION AND CAD RESOURCES DEPARTMENT) SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER, TELUGU GANGA PROJECT, SRINIVASA NAGAR, SAROJINI DEVI LAYOUT, TIRUPATI, ANDHRA PRADESH 517507. 4. THE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL. 5. THE SUPERINTENDENT ENGINEER, DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15979/2025 SRI. G. ADHI NARAYANA REDDY,, S/O. G. VENKATA REDDY, FLAT.NO.401,4TH FLOOR, SAI APARTMENTS, SBI COLONY, NANDYAL, NANDYAL DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, IRRIGATION AND CAD DEPARTMENT (WATER RESOURCES DEPARTMENT) SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE CHIEF ENGINEER, TELUGU GANGA PROJECT, SRINIVASA NAGAR, SAROJINI DEVI LAYOUT, TIRUPATI, ANDHRA PRADESH THE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL. THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE SEVENTEENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA SRI. G. ADHI NARAYANA REDDY,, S/O. G. VENKATA REDDY, FLAT.NO.401,4TH FLOOR, SAI APARTMENTS, SBI COLONY, ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS DEPARTMENT (WATER RESOURCES DEPARTMENT) SECRETARIAT BUILDINGS, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE CHIEF ENGINEER, TELUGU GANGA PROJECT, SRINIVASA NAGAR, SAROJINI DEVI LAYOUT, TIRUPATI, ANDHRA PRADESH - THE CHIEF ENGINEER PROJECTS, WATER RESOURCES WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL 2 6. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT T.G.P. DIVISION, ALLAGADDA, NANDYAL 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 tomaybe pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.17,69,410/- , Rs.17,69,843/- and Rs. 17,78,597/- totalling an amount of Rs. 53,17,850/- (Rupees Fifty-Three Lakhs Seventeen Thousand Eight Hundred Fifty Only) for the year 2023, even after finalizing the bills, payable to the petitioner in relation to the works (l.)Repairs and Restoration of 9R Sub-Minor Distributory Canal of T.G.P Block No.37. (2.) Repairs and Restoration of 10R Sub-Minor Distributory Canal of T.G.P Block No.37. (3.) Repairs and Restoration of T.G.P Block No.37 Major distributary Canal from Chainage Km. 4.300 to Km. 6.070. as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.53,17,850/- (Rupees Fifty-Three Lakhs Seventeen Thousand Eight Hundred Fifty Only) forthwith release the payments of above bill amount along with 12percent interest and pass any other order or orders as this Honble Court may deem fit and proper in the interest of Justice. 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 may be pleased to direct the respondents to release and pay the amounts of Rs.53,17,850/- (Rupees Fifty-Three Lakhs Seventeen Thousand Eight Hundred Fifty Only) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.17,69,410/-, Rs.17,69,843/- and Rs.17,78,597/- totaling an amount of Rs.53,17,850/- (Rupees Fifty-Three Lakhs Seventeen Thousand Eight Hundred Fifty Only) for the year 2023, even after finalizing the bills, payable to the petitioner in relation to the works “(1) Repairs and Restoration of 9R Sub-Minor Distributory Canal of T.G.P Block No.37 (2) Repairs and Restoration of 10R Sub-Minor Distributory Canal of T.G.P Block No.37 (3) Repairs and Restoration of T.G.P Block No.37 Major distributory Canal from Chainage Km. 4.300 to Km. 6.070.” as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.53,17,850/- (Rupees Fifty- Three Lakhs Seventeen Thousand Eight Hundred Fifty Only) forthwith release the payments of above bill amount along with 12% interest 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.17,00,627/-, Rs.17,00,995/- & Rs.17,09,792/-. 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 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.17,00,627/-, Rs.17,00,995/- & Rs.17,09,792/-. 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 15.11.2023 issued by the respondents within a period of five (5) 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 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 17.09.2025 MDP