APHC010326242023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: Between: 1. B VENKATA KRISHNA REDDY, S/O RAMACHANDRA REDDY, AGED ABOUT 56 YEARS, PRESIDENT WATER USERS ASSOCIATION, INDUKURPETA, R/O INDUKUPETA VILLAGE AND MANDAL, SPSR NELLORE DISTRICT 1. THE STATE OF ANDHRA PRADESH, SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIA DISTRICT. 3. THE SUPERINTENDENT ENGINEER, IRRIGATION AND COMMAND AREA DEVELOPMENT, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, NELLORE, WATER RESOURCES DEPARTMENT DIVISION, NELLORE, SPSR NELLORE DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16711/2023 B VENKATA KRISHNA REDDY, S/O RAMACHANDRA REDDY, AGED ABOUT 56 YEARS, PRESIDENT WATER USERS ASSOCIATION, INDUKURPETA, R/O INDUKUPETA VILLAGE AND MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR THE SUPERINTENDENT ENGINEER, IRRIGATION AND COMMAND AREA DEVELOPMENT, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, NELLORE, WATER RESOURCES DEPARTMENT NELFORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3333] TWENTY FOURTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA B VENKATA KRISHNA REDDY, S/O RAMACHANDRA REDDY, AGED ABOUT 56 YEARS, PRESIDENT WATER USERS ASSOCIATION, INDUKURPETA, R/O INDUKUPETA VILLAGE AND MANDAL, SPSR ...PETITIONER REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND T, VELAGAPUDI, AMARAVATHI, GUNTUR THE SUPERINTENDENT ENGINEER, IRRIGATION AND COMMAND AREA DEVELOPMENT, IRRIGATION CIRCLE, NELLORE, SPSR THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, NELLORE, NELFORE CENTRAL ...RESPONDENT(S): 2 VS,J W.P.No.16711 of 2023 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 writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment an amount of Rs. 8,04,402/- in total due for the last three years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., Reconstruction of Culvert across feeder Channel near Devispeta Village in Indukurpeta Mandal, SPSR Nellore District vide Agreement No. 509 DN/NC//2017-18 duly approved by the respondents, under Neeru-Chettu programme duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs. 8,04,402/- towards the works executed by the petitioner along with 12percent interest per annum and to pass IA NO: 1 OF 2023 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 the amount of Rs. 8,04,402/- in total due for the last three years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e.,Reconstruction of Culvert across feeder Channel near Devispeta Village in Indukurpeta Mandal, SPSR Nellore District vide Agreement No. 509 DN/NC//2017-18 vide Agreement No. 1016 DNNC//2017-18 forthwith, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV 3 VS,J W.P.No.16711 of 2023 The Court made the following Order: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “… to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment an amount of Rs.8,04,402/- in total due for the last three years even after finalizing the bills payable to the petitioner after the successful completion of the execution of works i.e., “Reconstruction of Culvert across feeder Channel near Devispeta Village in Indukurpeta Mandal, SPSR Nellore District, vide Agreement No.509 DN/NC//2017-18” duly approved by the respondents under “Neeru-Chettu” programme duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs.8,04,402/- towards the works executed by the petitioner along with 12% interest per annum and to pass such other order or orders ….” 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 certificate to a tune of Rs.8,04,402/-. 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 4 VS,J W.P.No.16711 of 2023 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 for Irrigation, on oral instructions, states 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, admitted the amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.8,04,402/-. 6. In view of the facts and circumstances of the case, 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 01.10.2018 issued by the respondents within a period of two (2) months from the date of receipt of a copy of this order. 7. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon 5 VS,J W.P.No.16711 of 2023 any amount which is due and payable, the same is binding upon both the parties. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 24.09.2025 MDP