APHC010429782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) % ?r» a: [•'i TUESDAY,THE --SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA l/j '9:2/h i WRIT PETITION NO: 22254 OF 2025 Between: M/s Lotus Constructions,, Rep.by its Managing Partner Bhaskar Reddy, S/o Sankar Reddy, Aged. 55 years. Door No. 16-12- 105, Flat No. G1, Harinadhapurann, Nellore, Nellore District. P.Vijaya ...Petitioner AND 1. State of Andhra Pradesh, Represented by its. Principal Secretary, Department of Irrigation and Water Resources Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning Velagapudi, Amaravati, Guntur District. 3. The Executive Engineer, Irrigation Sub-Division, Ongole, Prakasam District. 4. The Deputy Executive Engineer, Irrigation Sub-Division, Podili, Prakasam District. 5. The Assistant Executive Engineer, Water Resources Department, Irrigation Section, Addanki, Bapatia District. Secretariat Buildings ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstancesstated 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 inaction of the respondents in paying the bill amount Rs. 5,56,221/- in pursuance of work 'Restoration of Vellalachervu tank riear Vellalacheruvu Village, Santhamaguluru Mandal in Prakasam Districtunder the program of 'Har Khet Ko Pani-RRR Programme' as illegal, arbitrary and against the principles of natural justice and violation of Article 14 of the Constitution of India and to direct the respondents to pay the bill amount of Rs. 5,56,221/- to the petitioner pertaining to the said work along with interest @ 24percent per annum from the date of submission of the Bill by the Petitioner i.e., from 04.05.2022 till the date of actual payment. lA 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 release and pay the bill amount of Rs. 5,56,221/- to the Petitioner pertaining to the “Restoration of Vellalachervu tank near Vellalacheruvu Village, Santhamaguluru Mandal in Prakasam Districtunder the program of “Har Khet Ko Pani-RRR Programme”as per the administrative sanctions of the Respondent No. 1 dated 29.12.2020. Counsel for the Petitioner: SRI SOURI BABU DUPPATI Counsel for the Respondent Nos. 1,3 to 5: GP FOR IRRI AND CAD Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING The Court made the following order: APHC010429782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] 01^:5 TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22254/2025 Between: 1.M/S LOTUS CONSTRUCTIONS,, REP.BY ITS MANAGING PARTNER, P.VIJAYA BHASKAR REDDY, $/0 SANKAR REDDY, AGED. 55 YEARS, DOOR NO. 16-12-105, FLAT NO. G1, HARINADHAPURANN, NELLORE, NELLORE DISTRICT. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS. PRINCIPAL DEPARTMENT OF IRRIGATION AND WATER SECRETARY, RESOURCES SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING SECRETARY SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, ONGOLE, PRAKASAM DISTRICT. 4.THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, PODILI, PRAKASAM DISTRICT. 5.THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION SECTION, ADDANKI, BAPATIA DISTRICT. ...RESPONDENT(S): 2 W.P.NO.22254OF 2025 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed there\A/ith, 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 paying the bill amount Rs. 5,56,221/- in pursuance of work 'Restoration of Vellalachervu tank near Vellalacheruvu Village, Santhamaguluru Mandal in Prakasam Districtunder the program of 'Har Khet Ko Pani-RRR Programme' as illegal, arbitrary and against the principles of natural justice and violation of Article 14 of the Constitution of India and to direct the respondents to pay the bill amount of Rs. 5,56,221/- to the petitioner pertaining to the said work along with interest @ 24percent per annum from the date of submission of the Bill by the Petitioner i.e., from 04.05.2022 till the date of actual payment and to pass lA 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 release and pay the bill amount of Rs. 5,56,221/- to the Petitioner pertaining to the “Restoration of Vellalachervu tank near Vellalacheruvu Village, Districtunder the program of “Har Khet Ko Pani-RRR Programme”as per the administrative sanctions of the Respondent No. 1 dated 29.12.2020 and to pass Counsel for the Petitioner: Santhamaguluru Mandal in Prakasam 1.SOURI BABU DUPPATI 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.N0.22254 0F 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 paying the bill amount Rs. 5,56,221/- in pursuance of work 'Restoration of Vellalachervu tank near Vellalacheruvu Village, Santhamaguluru Mandal in Prakasam District under the program of 'Har Khet Ko Pani-RRR Programme' as illegal, arbitrary and against the principles of natural justice and violation of Article 14 of the Constitution of India and to direct the respondents to pay the bill amount of Rs.5,56,221/- to the petitioner pertaining to the said work along with interest @ 24% per annum from the date of submission of the Bill by the Petitioner i.e., from 04.05.2022 till the date of actual payment and to pass...” 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.5,28,583/-. As the payment of the said amounts have not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 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. 3. 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 4 W.P.N0.22254 OF 2025 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. On the other hand, learned Government Pleader placed oral 5. 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 quajity control certificate filed by the petitioner to a tune of Rs.5,28,583/-. 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 certificates dated 24.03.2022 issued by the respondents within a period of one (01) month 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. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. / Sd/~ SHAIK MOHD. RAF! ASSISTANT REGISTRAR //TRUE COPY// /r" SECTION OFFICER To, 1. The Principal Secretary, Department of Irrigation and Water Resources, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Department of Finance and Planning Secretariat Buildings, Velagapudi, Amaravati, Guntur District. er^ / I / 3. The Executive Engineer, Irrigation Sub-Division District. 4. The Deputy Executive Engineer, Prakasam District. 5. The Assistant Executive Engineer, Water Resources Department, Irrigation Section, Addanki, Bapatia District. 6. One CC to Sri. Souri Babu Duppati Advocate [OPUC] 7. Two CCS to GP for Irrigation and CAD High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Finance Planning High Court [OUT] 9. Two CD Copies Ongole, Prakasam Irrigation Sub-Division Podili, of Andhra Pradesh GSC % HIGH COURT DATED:16/09/2025 ORDER WP NO. 22254 OF 2025 ^ OF Al^ O o 0 OCT 2025 ^ m cs/ ia=i: DISPOSING THE WP WITHOUT COSTS