APHC010443942024 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: 22911/2024 Between: 1. M/S. SIVA SAI CONSTRUCTIONS,, REP. BY ITS MANAGING PARTNER K.V.RAMESH REDDY @ K.V.RAMACHANDRA REDDY, AGED ABOUT 63 YEARS, HAVING ITS OFFICE AT D.NO. 15-198, MAIN ROAD, KUTAGULLA VILLAGE, KADIRI MANDAL, SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, IRRIGATION (WATER RESOURCES) DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER, MINOR IRRIGATION AND WATER RESORURCES DEPARTMENT VIJAYAWADA, NTR DISTRICT. 4. THE SUPERINTENDING ENGINEER W R D, IRRIGATION CIRCLE, KADAPA, Y.S.R DISTRICT. 5. THE EXECUTIVE ENGINEER W R D, IRRIGATION CIRCLE, KADAPA, Y.S.R 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 2 VS, J W.P.22911 of 2024 pleased to pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the inaction on part of the respondents in paying a sum of Rs. 4,44,46,275/- (Rupees Four Crore Forty- Four Lakhs Forty-Six Thousand Two Hundred and Seventy Five) for works entrusted in my favour and executed by me towards Proposed Ulimella Lake Development (Package-3) at Pulivendula (V and M) at YSR Kadapa District with Measurement Book No. 3685B, evenafter lapse of 8 months from the date of completion of the said work as arbitrary, illegal, colourable exercise of power, abdication of the statutory duty cost on them and contrary to the well- established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay me a sum of Rs. 4,44,46,275/- (Rupees Four Crore Forty-Four Lakhs Forty-Six Thousand Two Hundred and Seventy- Five) for works, with Measurement Book No. 3685B, entrusted in my favour and executed by me towards Proposed Ulimella Lake Development (Package-3) at Pulivendula (V and M) at YSR Kadapa District, executed by the petitioner and pass IA 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 pay me a Rs. 4,44,46,275/- (Rupees Four Crore Forty-Four Lakhs Forty-Six Thousand Two Hundred and Seventy-Five) for works, with Measurement Book No. 3685B, entrusted in my favour and executed by me towards <Proposed Ulimella Lake Development (Package-3) at Pulivendula (V& M) at YSR Kadapa District=, executed by the petitioner, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. B.ABHAY SIDDHANTH MOOTHA 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.22911 of 2024 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: <…to pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the inaction on part of the respondents in paying a sum of Rs. 4,44,46,275/- (Rupees Four Crore Forty- Four Lakhs Forty-Six Thousand Two Hundred and Seventy Five) for works entrusted in my favour and executed by me towards Proposed Ulimella Lake Development (Package-3) at Pulivendula (V and M) at YSR Kadapa District with Measurement Book No. 3685B, evenafter lapse of 8 months from the date of completion of the said work as arbitrary, illegal, colourable exercise of power, abdication of the statutory duty cost on them and contrary to the well-established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay me a sum of Rs. 4,44,46,275/- (Rupees Four Crore Forty-Four Lakhs Forty-Six Thousand Two Hundred and Seventy- Five) for works, with Measurement Book No. 3685B, entrusted in my favour and executed by me towards Proposed Ulimella Lake Development (Package-3) at Pulivendula (V and M) at YSR Kadapa District, executed by the petitioner and pass….= 2. The petitioner had been awarded the contract of work i.e., <Proposed Ulimella lake Development (Package-3) at Pulivendula (V&M) at YSR Kadapa District= vide agreement No.09 SE/2023-24, dated 10.08.2023 by the respondent No.4. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 31.01.2024 for a sum of Rs.4,26,04,467/-. 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 4 VS, J W.P.22911 of 2024 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 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 31.01.2024 for a sum of Rs. 4,26,04,467/-. 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 31.01.2024 for a sum of Rs. 4,26,04,467/- issued by the respondents, within a period of eight (8) 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 amount which is due and payable, the same is binding upon both the parties. There shall be no order as to costs. 5 VS, J W.P.22911 of 2024 Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 10.12.2025 KGR