t f APHC010094302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0!¥i0 MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT I HE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5103 OF 2024 Between: Esukapalli.Shiva Varma, S/o. Krishna Raju, Age 39, Occ: Contractor, 21-10/2-163, Near Municipl School, Vijayawada (M), Krishna Dist., D.No. Vijayadurga Nagar, Madhuranagar, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Irrigation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist., 2. The State of Andhra Pradesh, Rep. by its Principle Secretary, Finance and Planning Department Amaravathi, Guntur Dist., 3. The Engineer in Chief, Irrigation Department, Amaravathi, Guntur Dist. 4. The District Collector, West Godavari District, Bhimavaram., 5. The Superintendent Engineer, Irrigation Circle, Eluru., 6. The Executive Engineer, Drainage Division, Godavari District. Secretariat Buildings, Velagapudi Bhimavaram West ...RESPONDENTS praying that in the circumstances stated in the affidavit filed therewith, the High Court may be Petition under Article 226 of the Constitution of India % V ■pleased to issue order particularly one in the nature Writ of Mandamus decfere the action of the 'A/prk vide (1). Agreement 0 or orders, direction or directions. Writ or Writs i or any appropriate writ ^ % respondents in not paying the bills for execution of V No. 69/2022-23 Dt.25-08-2022, , (3). Agreement No. 71/2022-23 total amount of Rs.57,70,789/- to the petitioners day from the date of (2). Agreement No. 70/2022- 23 Dt.25-08-2022, Dt.25-08-2022, with 24percent interest till to completion of respective works , justice and violative of Article as illegal, arbitrary 14, 19 (i) (g),21 consequently direct the respondents to release completed works immediately with 24% interest. Violation of principles of natural of the Constitution of India, the bills for the above l^NO: 1 OF 9n9d Petition under Section 151 in the affidavit filed i direct the payment of above final bills long back for pending disposal above writ petition. Counsel for the Petitioner: Counsel for the Respondent I Counsel for the Respondent No. The Court made the following CPC praying that in the circumstances stated in support of the petition, the High Court respondents to release the may be pleased to towards by the petitioner of main writ petition pending disposal amount of Rs.57,70,789/- the contract works under taken of the SRI K. L. N. SWAMY" Nos.1,3to6:GPFOR IRRIGATION 2; GP FOR FINANCE & order: & CAD planning f APHC010094302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SM0 m [3333] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5103/2024 Between; 1.ESUKAPALLI,SHIVA VARMA, S/0. KRISHNA RAJU, AGE 39. OCC CONTRACTOR, D.NO. 21-10/2-163, NEAR MUNICIPL SCHOOL. VIJAYADURGA NAGAR, MADHURANAGAR, VIJAYAWADA (M), KRISHNA DIST,, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE IRRIGATION DEPARTMENT. SECRETARIAT SECRETARY. BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., FINANCE AND PLANNING DEPARTMENT 3.THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT AMARAVATHI, GUNTUR DIST., 4.THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT BHIMAVARAM., 5.THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, ELURU., 6.THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, BHIMAVARAM WEST GODAVARI DISTRICT. ...RESPONDENT(S); 2 D „ W.P.N0.5103 OF 2024 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 order or orders, direction or directions. Writ Writs particularly one in the nature Writ of Mandamous or or any appropriate writ declare the action of the respondents in not paying the bills for execution of work vide (1). Agreement No, 69/2022-23 Dt.25-08-2022, (2). Agreement No. 70/2022- 23 Dt.25-08-2022, (3). Agreement No. 71/2022-23 Dt.25-08-2022, total amount of Rs.57,70,789/- to the petitioners with 24percent interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14 of the Constitution of India 19 (i) (g),21 consequently direct the respondents to release the bills for the above completed works immediately with 24percent and to pass interest lA NO: 1 OF 2024 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 the amount of Rs.57,70 789/- towards payment of above final bills the contract works under taken by the petitioner long back, for pending disposal of main writ petition pending disposal of the above writ petition and to pass lA NO: 1 OF 2025 Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave to the Respondent No. 6 to file Counter Affidavit W.P.No. 5103 of 2024 and to Counsel for the Petitioner: 1.K L N SWAMY Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR IRRIGATION COMM AREA DEV The Court made the following: praying that in the circumstances stated in pass \ 3 VS,J W.P.N0.5103 OF 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for executron of work vide (1) Agreement No.69/2022-23 Dt.25-08-2022, (2) Agreement No. 70/2022-23 Dt.25-08-2022, (3) Agreement No.71/2022-23 Dt.25-08-2022, total amount of Rs.57,70,789/- to the petitioners with 24% interest till today from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) (g), 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 24% interest and to pass , " 2. The petitioner had been awarded the contract of wdrk(s) by the Irrigation Department. After execution of the said contract, the also issued quality control certificates Rs.14,00.125/-, respondents to a tune of Rs. 15,91,440/-, Rs. 11,75,508/- respectively. As the payment of the said amounts has 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 payment of money is clearly arbitrary and high-handed interference of this Court. 3. non- requiring the 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 /* W.P.NO.5103 OF 2024 non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. Respondent No.6 has filed taken the view that such 5. a counter stating that soon after release of to Pay & Accounts Officer, Works LOG these bills will be submitted Accounts, Eluru for & arranging payment. 6. On the other hand, learned Government Pleader placed on oral instructions stating that, since the budget was not released by the Government, the bills budget by the Government, the bills will were not paid to the petitioner. Soon after release of the be paid to the petitioner, however, petitioner as per the quality control a tune of Rs.15,91,440/-, Rs.14,00,125/-, admitted the amount payable to the certificate filed by the petitioner to Rs.11,75,508/-. 7. In view of the facts and circumstances directions of this Court i learned counsel for the direction to the respondents accordance with the quality control certificates dated respondents within copy of this order. No costs. As far as interest clause in the agreement/work amount which is due and payable, the submitted in the affidavit, and the in various cases and after hearing the submissions of petitioner, this Writ Petition is disposed of with a to release the amount to the petitioner in 16.02.2024 issued by the a period of four (04) months from the date of receipt of a 8. component is concerned, if there is any subsisting order envisaging payment of interest upon any same is binding upon both the parties. 5 VS,J W.P.NO.5103 OF 2024 Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR SECTI^ OFFICER //TRUE COPY// To, 1. The Principle Secretary, Irrigation Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist., 2. The Principle Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur Dist., Amaravathi, 3. The Engineer in Chief, Irrigation Department; Amaravathi, Guntur Dist., 4. The District Collector, West Godavari District, Bhimavaram., 5. The Superintendent Engineer, Irrigation Circle, Eluru., 6. The Executive Engineer, Drainage Division, Godavari District. 7. One CC to Sri K. L N. Swamy, Advocate [OPUC]. 8. Two CCs to GP for Finance and Planning, High Court Pradesh [OUT] 9. Two CCs to GP for irrigation and CAD, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. Bhimavaram West of Andhra ssb r HIGH COURT DATED:15/09/2025 ORDER WP No. 5103 OF 2024 C3’( ^ H OCT 2025 Oj ££^ DISPOSING OF THE W.P. WITHOUT COSTS