VS, J W.P.No.1379 of 2025 APHC010020322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1379/2025 Between: 1. M JAGAN MOHAN REDDY, S/O. MURRA NARAPU REDDY, AGED 52 YEARS, POORVA BOMMEPALLI VILLAGE, JAMMALAMADUGU MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH - 516 434. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY IRRIGATION AND CAD DEPARTMENT (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 4. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT (WRD), IRRIGATION CIRCLE, VIJAYAWADA, NTR DISTRICT. VS, J W.P.No.1379 of 2025 5. THE SUPERINTENDENT ENGINEER, WRD, IRRIGATION CIRCLE, KUMOOL, KUMOOL DISTRICT. 6. THE DEPUTY SUPERINTENDING ENGINEER, , WRD, IRRIGATION CIRCLE, KUMOOL. 7. THE EXECUTIVE ENGINEER, WRD., K.C. CANAL DIVISION, NANDYAL, KUMOOL DISTRICT. 8. THE DEPUTY EXECUTIVE ENGINEER, K.C. CANAL, SUB DIVISION, KURNOOL - 518 004. 9. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, REP. BY ITS CHAIRMAN/CHIEF EXECUTIVE OFFICER, 6TH FLOOR, C- BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, NTR DISTRICT. 10. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO. 29-2-52, MANASA COMPLEX RAMA MANDIRAM STREET, GOVERNORPET, VIJAYAWADA, NTR DISTRICT. 11. THE ASSISTANT PAY AND ACCOUNTS OFFICER, 0/A. NANDYAL, SRBC COLONY, ADMINISTRATIVE BUILDING, NANDYAL, NANDYAL DISTRICT (ERSTWHILE KURNOOL 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 topleased to issue a direction or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not releasing the total pending bill amount of Rs.89,66,497/- pertaining to two Measurement Book Numbers vide M-Book No. 1801 KNL (LS-I and Part Bill of Rs.33,16,033/-) and M-Book No.6851 KNL (LS-II and Part Bill of Rs.56,50,464/-) in relation to the work executed i.e., Construction of Double lane bridge (DLB) in place of existing old damaged SLB in Muchumarri village, VS, J W.P.No.1379 of 2025 Pagidyala mandal of Kurnool District at km 82.300. of KC canal. of KC canal. (Now Nandyal District) vide Agreement No.SE/IC/KNL/07/2023- 2024, Dt 31.07.2023 is questioned as the same is illegal, arbitrary, violative of principles of natural justice, violative of provisions of Clause 68 of the Andhra Pradesh Detailed Preliminary Standard Specification and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent Authorities to pay the said pending bill amount with interest at the rate of 24percent per annum for the delay caused in paying the same to the petitioner in respect of execution of above-mentioned work forthwith and to pass 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 Respondent Authorities to pay the total pending bill amount of Rs.89,66,497/- payable to the petitioner herein with interest till date as per the two Measurement Book Numbers vide M-Book No. 1801 KNL (LS-I and Part Bill of Rs.33,16,033/-) and M-Book No.6851 KNL (LS-II and Part Bill of Rs.56,50,464/-) in relation to the work executed i.e., “Construction of Double lane bridge (DLB) in place of existing old damaged SLB in Muchumarri village, Pagidyala mandal of Kurnool District at km 82.300. of KC canal. (Now Nandyal District)” vide Agreement No.SE/IC/KNL/07/2023-2024, Dt:31.07.2023 pending disposal of this writ petition and to pass Counsel for the Petitioner: 1. RAMESH BABU TATAPUDI Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING The Court made the following: VS, J W.P.No.1379 of 2025 ORDER: Challenging the action of the respondents in not releasing the total pending bill amount of Rs.89,66,497/- pertaining to two Measurement Book Numbers vide M-Book No.1801 KNL (LS-1 and Part Bill of Rs.33,16,033/-) and M-Book No.6851 KNL (LS-II and Part Bill of Rs.56,50,464/-) in relation to the work executed i.e. “Construction of Double Land Bridge (DLB) in the place of old damaged SLB in Muchumarri village, Pagidyala Mandal, Kurnool District at 82.300 of KC canal (Now Nandyal District)” vide Agreement No.SE/IC/KNL/07/2023-2024, dated 31.07.2023, the present writ petition came to be filed. 2. 2. The petitioner had been awarded contract for construction of Double Lane Bridge (DLB) in the place of existing old damaged SLB in Muchumarri village, Pagidyala Mandal, Kurnool District at KM 82.300 of KC Canal” (Now Nandyala District) for an amount of Rs.1,48,00,000/- vide G.O.Rt.No.218 Water Resources (Project-III) Department, dated 15.05.2023. Despite completion of the aforesaid work as per the agreement entered into, the same has been recorded in Measurements Book with relevant certificates pertaining to quality etc., and approved the bills for total amount worth Rs.89,66,497/-, after deductions in VS, J W.P.No.1379 of 2025 two parts (LS-I and Part Bill and LS-II and Part Bill) for the aforementioned work. Accordingly, a final bill was prepared for a sum of Rs.89,66,497/- and as per the sanctioned orders confirming the same, respondents also issued quality control certificate to a tune of Rs.89,66,497/-. 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 non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. 4. On the other hand, learned Government Pleader placed on record written instructions given by the 7th respondent-Executive Engineer, K.C. Canal Division, Nandyal, Kunrool District, dated VS, J W.P.No.1379 of 2025 18.08.2025, wherein it is stated that, the petitioner was entrusted with one work and is entitled for payment of Rs.35.14 lakhs and Rs.59.92 lakhs. But, however, the bills could not be cleared for want of funds due78 to end of financial year 2024-25. It is further stated that as and when the budget is released for the year 2025- 26, the bills will be processed for payment in NIDHI portal which is newly introduced instead of CFMS. 5. 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 directing the respondents to release the amount to the petitioner in accordance with the quality control certificate issued by the respondents within a period of six (06) months from the date of receipt of a copy of this order. 6. As a sequel thereto, Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. _____________ V. SUJATHA, J Date: 19.08.2025 Ksn