APHC010478902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24326/2025 Between: 1. K RADHA KRISHNA, S/O. K PENCHALAIAH, AGED ABOUT 40 YEARS, OCC CONTRACTOR, R/O.MAIN STREET, CHINTALAPALEM (V), KALUVOYA (M), SPSR NELLORE DISTRICT, PINCODE 524343. ...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, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUPATI, TIRUPATI DISTRICT. 4. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 5. THE EXECUTIVE ENGINEER, WRD, NELLORE SOUTH DIVISION, GUDUR, TIRUPATI DISTRICT. 6. THE CHIEF EXECUTIVE OFFICER, , APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APIIC BUDDING, MANGALAGIRI, GUNTUR DISTRICT, PINCODE 522503. ...RESPONDENT(S): 2 VS,J W.P.No.24326 of 2025 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.29,53,980/- vide M Book No.3538 Ag and CFMS Token No. 2024- 1975349, even after finalizing the bills, payable to the petitioner in relation to the works i.e., FDR 12/2023 TEMPORARY RESTORATION TO LEFT SIDE FLOOD BANK OF KALA.NGI RIVER NEAR GOLLALAMALUVU VILLAGE IN TADA MANDAL OF TIRUPATI DISTRICT, Vide Agreement No. 106 DN/FDR / 2024-25, dated 30.08.2024 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.29,53,980/- vide M Book No.3538 Ag and CFMS Token No. 2024- 1975349 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and 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 please to direct the respondents to pay for pa3mient of amount of Rs.29,53,980/- vide M Book No.3538 Ag & CFMS Token No. 2024-1975349 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. FDR 12/2023 - TEMPORARY RESTORATION TO LEFT SIDE FLOOD BANK OF KALANGI RIVER NEAR GOLLALAMALUVU VILLAGE IN TADA MANDAL OF TIRUPATI DISTRICT, Vide Agreement No. 106 DN/FDR / 2024-25, dated 30.08.2024, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.24326 of 2025 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.29,53,980/- vide M Book No.3538 Ag and CFMS Token No. 2024- 1975349, even after finalizing the bills, payable to the petitioner in relation to the works i.e., FDR 12/2023 TEMPORARY RESTORATION TO LEFT SIDE FLOOD BANK OF KALA.NGI RIVER NEAR GOLLALAMALUVU VILLAGE IN TADA MANDAL OF TIRUPATI DISTRICT, Vide Agreement No. 106 DN/FDR/ 2024-25, dated 30.08.2024 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.29,53,980/- vide M Book No.3538 Ag and CFMS Token No. 2024-1975349 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith ….= 2. The petitioner had been awarded the contract of work i.e., FDR 12/2023 TEMPORARY RESTORATION TO LEFT SIDE FLOOD BANK OF KALA.NGI RIVER NEAR GOLLALAMALUVU VILLAGE IN TADA MANDAL OF TIRUPATI DISTRICT, vide agreement No. 106 DN/FDR/ 2024-25, dated 30.08.2024 by the 5th respondent for a sum of Rs.29,53,980/-. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 21.09.2024 for a sum of Rs.21,03,847/-. 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. 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 4 VS,J W.P.No.24326 of 2025 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. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate i.e., dated 21.09.2024 for a sum of Rs.21,03,847/-. 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. 6. Though the petitioner claims to be entitled to Rs.29,53,980/-, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificate issued by the respondents dated 21.09.2024 for a sum of Rs.21,03,847/-. 7. 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 certificate i.e., dated 21.09.2024 for a sum of Rs.21,03,847/- 5 VS,J W.P.No.24326 of 2025 issued by the respondents, within a period of three (3) months from the date of receipt of a copy of this order. 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. ______________________ JUSTICE V.SUJATHA Date: 16.10.2025 KGR