APHC010031202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1787/2025 Between: 1. GUDISEVA NAGENDRAM, S/O.RAMA RAO AGED 47 YEARS,R/O.D.NO.20-520-1 OPP.ST.FRANCIS HIGH SCHOOL PARASUPET MACHILIPATNAM KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI,AMARAVATI,GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF ENGINEER, VIJAYAWADA, NTR DISTRICT 4. THE EXECUTIVE ENGINEER, KRISHNA CENTRAL DIVISION VIJAYAWADA ,N.T.R. 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 to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS in the action of the respondents In not paying withheld amounts, GST amounts. Further Security Deposit (FSD) amounts and Earnest Money Deposit (EMD) amounts by Preparing of final bill of amounts for I.O and M - Removal of Weed growth in Bandar Canal in between Km 45.500 to Km 59.000 and its Distributaries under the Agreement 2 VS,J W.P.No.1787 of 2025 No.26/2023-2024 Dated.05.09.2023 of with bill amount of Rs.10,72000 and II.O and M - Removal of Weed growth in Bandar Canal in between Km 59.100 to Km 69.200 and its Distributaries under the Agreement No.27/2023- 2024 Dated.05.09.2023 with the bill amount of Rs.8,20,000 and III.O and M - Removal of Weed growth in East Side Canal in between Km 0.000 to Km 18.350 and its Distributaries under the agreement No.28/2023-2024 Dated.05.09.2023 with the bill amount of Rs.11,00,000as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitution of India in the interest of justice 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 to direct the respondents to prepare final bill for the works executed by the petitioner in not paying withheld amounts, GST amounts, Further Security Deposit (FSD) amounts and Earnest Money Deposit (EMD) amounts by Preparing of final bill of amounts for I. O and M - Removal of Weed growth in Bandar Canal in between Km 45.500 to Km 59.000 and its Distributaries under the Agreement No.26/2023-2024 Dated.05.09.2023 of with bill amount of Rs.10,72000 and II.O and M - Removal of Weed growth in Bandar Canal in between Km 59.100 to Km 69.200 and its Distributaries under the Agreement No.27/2023-2024 Dated.05.09.2023 with the bill amount of Rs.8,20,000 and III.O and M - Removal of Weed growth in East Side Canal in between Km 0.000 to Km 18.350 and its Distributaries under the agreement No.28/2023-2024 Dated.05.09.2023 with the bill amount of Rs.11,00,000pending disposal of the above writ petition in the interest of justice and pass such Counsel for the Petitioner: 1. K N KRISHNA KUMAR 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.1787 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, order, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying withheld amounts, GST amounts. Further Security Deposit (FSD) amounts and Earnest Money Deposit (EMD) amounts by Preparing of final bill of amounts for I.O & M - Removal of Weed growth in Bandar Canal in between Km 45.500 to Km 59.000 and its Distributaries under the Agreement No.26/2023-2024 Dated.05.09.2023 of with bill amount of Rs.10,72000/- and II.O & M - Removal of Weed growth in Bandar Canal in between Km 59.100 to Km 69.200 and its Distributaries under the Agreement No.27/2023-2024 Dated.05.09.2023 with the bill amount of Rs.8,20,000/- and III.O & M - Removal of Weed growth in East Side Canal in between Km 0.000 to Km 18.350 and its Distributaries under the agreement No.28/2023-2024 Dated.05.09.2023 with the bill amount of Rs.11,00,000/- as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitution of India and consequently direct the respondents to pay the withheld amounts, GST amounts, Further Security Deposit (FSD) amounts and Earnest Money Deposit (EMD) amounts by preparing final bill in respect of the above work executed by the petitioner in the interest of justice….= 2. The petitioner had been awarded the contract of works vide Agreement No.26, 27 and 28/2023-24, dated 05.09.2023 for final bills amount of 4 VS,J W.P.No.1787 of 2025 Rs.10,72,000/-, Rs.8,20,000/- and Rs.11,00,000/- by the respondents. After execution of the aforementioned contract works, the respondents issued three quality control certificates i.e., 1. dated 31.01.2025 for a sum of Rs.9,18,186/-, 2. for a sum of Rs.8,91,819/- and 3. for a sum of Rs.6,86,274/-. 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 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 three quality control certificates i.e., 1. dated 31.01.2025 for a sum of Rs.9,18,186/-, 2. for a sum of Rs.8,91,819/- and 3. for a sum of Rs.6,86,274/-. 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. 5 VS,J W.P.No.1787 of 2025 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the Learned Assistant Government Pleader. 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 three quality control certificates i.e., 1. Dated 31.01.2025 for a sum of Rs.9,18,186/-, 2. for a sum of Rs.8,91,819/- and 3. for a sum of Rs.6,86,274/- issued by the respondents, within a period of three (03) 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: 10.12.2025 KGR