APHC010493882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25672/2025 Between: 1. ANCHA MALLIKARJUNA RAO, S/O ANCHA VENKATESWARULU, AGED ABOUT 45 YEARS,OCC BUSINESS R/O H.NO. 2-89A, GANKAPUDI, PRATHIPADU, GUNTUR DISTRICT, ANDHRA PRADESH - 522019. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS, PRINCIPAL SECRETARY IRRIGATION AND CAD - WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, GUNTUR - 522 004. 4. THE COMMISSIONER, CADA, WATER RESOURCES DEPARTMENT, 3RD FLOOR, VYSYA BHAVAN, HANURNANPETA, VIJAYAWADA- 520003. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT DRAINAGE DIVISION, CHIRALA, IRRIGATION CIRCLE, GUNTUR. ...RESPONDENT(S): VS,J W.P No.25672 of 2025 2 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 tomay be pleased to direct the respondents herein, pending disposal of the writ petition, to forthwith release the admitted amount of 73,83,361/- (Rupees Seventy Three Lakhs Eighty Three Thousand Three Hundred and Sixty One only) payable towards O and M Category A works executed by the petitioner under the jurisdiction of the Executive Engineer, Drainage Division, Chirala, Irrigation Circle, Guntur, as already certified in Letter No. SE/IC/GNT/NTPA/BC/530M dated 03.06.2025 issued by the 3rd respondent - Superintending Engineer, in the interest of justice and equity and pass such 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 herein, pending disposal of the writ petition, to forthwith release the admitted amount of 73,83,361/- (Rupees Seventy Three Lakhs Eighty Three Thousand Three Hundred and Sixty One nly) payable towards O&M Category >A? works executed by the petitioner under the jurisdiction of the Executive Engineer, Drainage Division, Chirala, Irrigation Circle, Guntur, as already certified in Letter No. SE/IC/GNT/NTPA/BC/530M dated 03.06.2025 issued by the 3rd respondent - Superintending Engineer, in the interest of justice and equity and pass such Counsel for the Petitioner: 1. V.N.V.SURYA DATTU Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING VS,J W.P No.25672 of 2025 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 a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the admitted amount of ₹73,83,361/- towards O & M Category <A= works executed by me under the jurisdiction of the Executive Engineer, Drainage Division, Chirala, Irrigation Circle, Guntur, despite certification by the Superintending Engineer, and same admitting my bills in Letter No.SE/IC/GNT/NTPA/BC/530M dated 03.06.2025 as illegal, arbitrary, irrational, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, and consequently direct the respondents to release the said amount forthwith along with interest at 12% per annum from the date of completion of works till payment, and pass such other order or orders…= 2. The petitioner had been awarded the contract of works i.e., 1) O & M - Removal of weed Growth in Medium drains on Konda vagu lower arm drain from km.6.100 to km.13.000 Vangipuram drain in between km.0.000 to 7.550 and infalling drain in Prathipadu Mandal in Guntur District. vide Agreement Reference No.7DN/2024-25 2) O & M – Removal of weed Growth in Major drains on Kondavagu Upper arm above AM Channel and Kondavagu Lower arm below AM Channel in Prathipadu and Vatticherukuru (M) Guntur District vide Agreement No.8DN/2024-25; 3) Removal of weed Growth in Major drains on Nakkavagu upper arm from Km.0.000 to Km.5.600 in Kakmanu (M), Guntur District vide Agreement No.9DN/2024-25; 4) O & M – Removal of weed Growth on Kollimerla drain from km.0.000 to km.15.000 and Mekalavagu from km.0.000 to km.11.000 in Ponnuru (M), Guntur District vide Agreement No.10DN/2024-25; 5) O & M – Removal of weed Growth in Major drains on Nakkavagu Upper arm from km.5.600 to km.10.500 and Kondavagu lower arm above AM channel in Kakumanu and Prathipadu Mandals in Guntur District VS,J W.P No.25672 of 2025 4 vide Agreeement No.11DN/2024-25; 6) O & M – Removal of weed Growth in Catch drain km.0.000 to km.6.600 and infalling drains in Kakumanu (M) in Guntur District vide Agreement No.12DN/2024-25; 7) Removal of weed Growth in Major drains on Kollimerla kondavagu upper arm below AM Channel in Kakumanu and Prathipadu Mandals in Guntur District vide Agreement No.13DN/2024-25 and 8) O & M – Removal of weed Growth of Jalla vagu No.1 Drain, Medium and Minor infalling drains in Vatticherukuru (M) Guntur District vide Agreement No.14DN/2024-25. After execution of the aforementioned contract works, the respondents issued quality control certificates dated 22.03.2025 to a tune of rupees Rs.4,72,045/-, Rs.7,54,007/-, Rs.7,14,413/-, Rs.11,44,509/-, Rs.5,99,975/-, Rs.7,12,210/-, Rs.7,39,407/- and Rs.12,39,348/- respectively. 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 VS,J W.P No.25672 of 2025 5 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 certificates dated 22.03.2025 to a tune of rupees Rs.4,72,045/-, Rs.7,54,007/-, Rs.7,14,413/-, Rs.11,44,509/-, Rs.5,99,975/-, Rs.7,12,210/-, Rs.7,39,407/- and Rs.12,39,348/- respectively. 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. The learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificates issued by the respondents dated 22.03.2025 to a tune of rupees Rs.4,72,045/-, Rs.7,54,007/-, Rs.7,14,413/-, Rs.11,44,509/-, Rs.5,99,975/-, Rs.7,12,210/-, Rs.7,39,407/- and Rs.12,39,348/- respectively. 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 22.03.2025 to a tune of rupees Rs.4,72,045/-, Rs.7,54,007/-, Rs.7,14,413/-, Rs.11,44,509/-, Rs.5,99,975/-, Rs.7,12,210/-, Rs.7,39,407/- and Rs.12,39,348/- respectively, issued by the VS,J W.P No.25672 of 2025 6 respondents, within a period of six (06) 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 amounts 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:17.10.2025 Ksj