Extracted from the PDF above. The PDF is authoritative.
APHC010530172025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27463/2025 Between:
1. K R INFRA SOLUTIONS, REP BY ITS PROPRIETOR, KUMPATI RATTAIAH, S/O. KUMPATI KOTAIAH, R/O.D.NO.2-40, POTIURU VILLAGE, SAVALYAPURAM MANDAL, GUNTUR DISTRICT. ...PETITIONER AND
1. THE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF WATER RESOURCES A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
3. THE ENGINEERING IN CHIEF, WATER RESOURCES DEPARTMENT, VIJAYAWADA. 4. THE EXECUTIVE ENGINEER, KW DIVISION, TENALI, GUNTUR DISTRICT. 2
VS,J
W.P.NO.27463 OF 2025
...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 a writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents in not releasing the pending bills of the petitioner nearly worth of Rs. 3,97,240/- as illegal, arbitrary and violation of Article 14,19 and 21 of the constitution of India and consequently direct the respondents to forthwith release the pending bills of the petitioner worth of Rs 3,97,240/- with 18 percent rate of interest and also pass Counsel for the Petitioner:
1. MEDIKONDA PRANAY VENKAT CHOWDARY Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
2. GP FOR FINANCE PLANNING The Court made the following:
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W.P.NO.27463 OF 2025 ORDER:-
This writ petition is 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 inaction of the respondents in not releasing the pending bills of the petitioner nearly worth of Rs.3,97,240/- as illegal, arbitrary and violation of Article 14,19 and 21 of the constitution of India and consequently direct the respondents to forthwith release the pending bills of the petitioner worth of Rs.3,97,240/- with 18 percent rate of interest...=
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 certificate to a tune of Rs.3,97,240/-.
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 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. 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
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W.P.NO.27463 OF 2025 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 oral instructions stated 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.3,97,240/-. 6. 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 certificate dated 06.04.2021 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. No costs. 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. 5
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W.P.NO.27463 OF 2025
8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :15.10.2025 LSP
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W.P.NO.27463 OF 2025 251
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 27463/2025
15.10.2025 LSP