APHC010280232024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14097/2024 Between: 1. M/S. PVR INFRA,, REP. BY ITS MANAGING PARTNER, P. MADHUSUDHAN REDDY, D.NO. 30/177-106, GOPAL NAGAR, NANDYAL TOWN AND DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT (WATER RESOURCES DEPARTMENT), SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL DISTRICT, 4. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, K.C CANAL DIVISION, NANDYAL, NANDYAL 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 an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the action of the respondents in 2 VS,J W.P.No.14097 of 2024 not paying the admitted bill of Rs. 2,73,18,241.35/-towards LS II Part bill and LS III Final bill for the work of construction of CC walls of Konda Vagu from KM 1.000 to KM 2.100 near Kandalapalli Village, Nandyal Mandal, Kurnool District (now Nandyal District) vide agreement No.SE/IC/KNL/04/2023-2024, dated 25.05.2023 entered with the 3rd respondent, as illegal, arbitrary, violative of Article 14 and 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payments of above bill amount along with interest 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 may be pleased to direct the respondents to forthwith process and release the pending bill of Rs. 2,73,18,241.35/- towards LS II Part bill & LS III Final bill for the work of construction of CC walls of Konda Vagu from KM 1.000 to KM 2.100 near Kandalapalli Village, Nandyal Mandal, Kurnool District (now Nandyal District) vide agreement No.SE/IC/KNL/04/2023-2024, dated 25.05.2023 and pass Counsel for the Petitioner: 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.14097 of 2024 ORDER This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the action of the respondents in not paying the admitted bill of Rs. 2,73,18,241.35/- towards LS II Part bill and LS III Final bill for the work of construction of CC walls of Konda Vagu from KM 1.000 to KM 2.100 near Kandalapalli Village, Nandyal Mandal, Kurnool District (now Nandyal District) vide agreement No.SE/IC/KNL/04/2023-2024, dated 25.05.2023 entered with the 3rd respondent, as illegal, arbitrary, violative of Article 14 and 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payments of above bill amount along with interest and pass such other order or orders…” 2. The petitioner was awarded the work of Construction of CC walls of Konda Vagu from KM 1.000 to KM 2.100 near Kandalapalli Village, Nandyal Mandal, Kurnool District (now Nandyal District) vide agreement No.SE/IC/KNL/04/2023-2024, dated 25.05.2023, by respondent No.3. Upon completion of the said contract work, the respondents failed to process the admitted bills towards LS II Part bill & LS III Final bill, amounting to a total sum of Rs.2,73,28,241.35/-. As the part payment of the said amount has not been paid 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 part payment of the aforesaid sum of money, no part payment is being made. The petitioner contends that such 4 VS,J W.P.No.14097 of 2024 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. Respondent No.4 filed a counter, wherein it is stated that the petitioner has completed the said work in accordance with the terms of the agreement. It is further stated that LS II & part bill for Rs.2,37,00,509.99/- and LS III & Final Bill for Rs.80,61,055.36 are now ready to be uploaded in the CFMS for payment. However, due to non-availability of budget, the bills are yet to be processed and transmitted to the APAO, Nandyal for payment to the petitioner. It is submitted that the admitted bill amounts will be paid to the petitioner upon release of the required budget from the Government. 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 admitted amount of Rs.Rs.2,73,18,241.35/- to the petitioner within a period of six (06) months from the date of receipt of a copy of this order. No costs. 5 VS,J W.P.No.14097 of 2024 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 17.09.2025 KGR