Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 48831 (AP)

M/s. MCSR Constructions, v. The State of Andhra Pradesh,

WP/6202/2025 · 2025-12-09

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010118272025 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: 6202/2025 Between: 1. M/S. MCSR CONSTRUCTIONS,, R/O. DOOR NO. 42/547-1, NGO COLONY, OPPVENKATESWARASWAMY TEMPLE, CHINNACHOWK, KADAPA TOWN, YSR KADAPA DISTRICT. REP BY ITS PROPRIETOR SRI. MACHIREDDY CHANDRASEKHAR REDDY, S/O. NAGIREDDY ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY IRRIGATION AND COMMAND AREA DEVELOPMENT 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 RESOURCESDEPARTMENT, IRRIGATION CIRCLE KADAPA, YSR KADAPA DISTRICT. 4. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, M.L. DIVISION, KADAPA, YSR KADAPA DISTRICT. 2 VS, J W.P.6202 of 2025 5. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, M.L. SUB-DIVISON, KADAPA, YSR KADAPA 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 declaring the action of the respondents in not paying bills amount to the petitioner for the works executed by him Proposed Development of Ulimella Lake(Package-l) in Pulivendula Town of YSR Kadapa District. for an amount of Rs.3,94,03,548/-with interest, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bills amount along with interest to the petitioner 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 pleased to direct the respondents to pay bills amount to the petitioner for the works executed by him <Proposed Development of Ulimella Lake(Package-l ) in Pulivendula Town of YSR Kadapa District.=, for an amount of Rs.3,94,03,548/- with interest pending disposal of the above writ petition in the interest of justice Counsel for the Petitioner: 1. PETLURI NAGA RAJU 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.6202 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 bills amount to the petitioner for the works executed by him Proposed Development of Ulimella Lake(Package-l) in Pulivendula Town of YSR Kadapa District. for an amount of Rs.3,94,03,548/-with interest, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bills amount along with interest to the petitioner in the interest of justice ….= 2. The petitioner had been awarded the contract of work i.e., <Proposed Development of Ulimella Lake (Package-I) in Pulivendula Town of YSR Kadapa District.= vide agreement No.30 SE/2021-22, dated 22.11.2021 by the respondents. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 03.07.2024 for a sum of Rs.2,07,43,461/-. 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- 4 VS, J W.P.6202 of 2025 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. On the other hand, learned Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificate dated 03.07.2024 for a sum of Rs.2,07,43,461/-. 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. 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 03.07.2024 for a sum of Rs.2,07,43,461/- issued by the respondents, within a period of six (6) 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 5 VS, J W.P.6202 of 2025 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