APHC010590512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30911/2025 Between: 1. S. SUDARSAN REDDY, S/O.S.RAMA SUBBA REDDY ,AGE47 YEARS, PLOT. NO. 105 BLOCK A, YELIKUR BUNGLAOUS, BIHAIND RADIO STATION BACK SIDE ,KALLUR, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION , SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER, W.R.D K.C.CANAL DIVISION, NANDYAL, NANDYAL DISTRICT. 3. THE SUPERINTENDING ENGINEER, T.G.P.CIRCLE, NANDYAL, NANDYAL DISTRICT 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 VS,J W.P.NO.30911 OF 2025 ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 41,80,864/- (Forty one Lakhs, Eighty thousand, Eight Hundred and sixty four Rupees only) even after finalizing the bills payable to the petitioner in relation Improvement of first floor of chief engineer ,DWRD Office at KCC Compound ,Kurnool under main work improvement to escape channel ,nippulavagu ,Galeru River and kuncur River from Km.0.000 to Km.189.200 and Re-gradation of vagu , flood protection works and providing high level bridges to en-route village for improving the carrying capacity to 35.000 j cusecs ,Agreement no.6/2020-21,Date12.02.2021 (Rs.34,70,914/-), ll. Repairsnd painting to the guest house location in the chief engineer office compound Kurnool Under maintenance of the KCC Sab, Agreement No. 449/2023-24,Dated 15.09.2023(Rs.7,09,950/-)an6 pass any other order or orders as this Honble Court may deem fit and proper in the interest of Justice. 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 respondents to forthwith consider releasing the amounts Rs. 41,80,864/- (Forty one Lakhs, Eighty thousand. Eight Hundred and sixty four Rupees only) payable to the petitioner herein, pendingdisposal of the writ petition and pass such other order or orders as this Honble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner: 3 VS,J W.P.NO.30911 OF 2025 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.30911 OF 2025 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 of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 41,80,864/- (Forty one Lakhs, Eighty thousand, Eight Hundred and sixty four Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e., <Improvement of first floor of chief engineer ,DWRD Office at KCC Compound, Kurnool under main work improvement to escape channel, nippulavagu, Galeru River and kundur River from Km.0.000 to Km.189.200 and Re-gradation of vagu, flood protection works and providing high level bridges to en-route village for improving the carrying capacity to 35.000 cusecs, Agreement no.6/2020-21, Date12.02.2021 (Rs.34,70,914/-), ll. Repairs and painting to the guest house location in the chief engineer office compound Kurnool, under maintenance of the KCC Sab, Agreement No.449/2023-24, Dated 15.09.2023(Rs.7,09,950/-)=...= 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 certificates dated 13.09.2024, 14.02.2024 to a tune of Rs.6,77,843/- and Rs.28,65,059.84/-. 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. 3. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of 5 VS,J W.P.NO.30911 OF 2025 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. 5. On the other hand, learned Government Pleader on oral 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, the respondents admitted the amount payable to the petitioner as per the quality control certificate dated 13.09.2024, 14.02.2024 filed by the petitioner to a tune of Rs.6,77,843/- and Rs.28,65,059.84/-. 6. Though the petitioner claimed an amount of Rs.41,80,864/- as per the agreements, however, agreed to dispose of Writ Petition basing upon the quality control certificate issued by the respondents dated 13.09.2024, 14.02.2024 to a tune of 6 VS,J W.P.NO.30911 OF 2025 Rs.6,77,843/- and Rs.28,65,059.84/- within a period of four months. 7. 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 13.09.2024, 14.02.2024 issued by the respondents within a period of four (04) months from the date of receipt of a copy of this order. No costs. 8. 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. 9. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :02.12.2025 LSP