APHC010101642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5273/2025 Between: 1. MCSR CONSTRUCTIONS, R/O. DOOR NO. 42/547-1, NGO COLONY, OPPVENKATESWARASWAMY TEMPLE, CHINNACHOWK, KADAPA TOWN, YSR KADAPA DISTRICT. REP BY ITS PROPRIETOR SRI. MACHIREDDY CHANDRASEKHAR REDDY, S/O. NAGIREDDY 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE KADAPA,Y S R KADAPA DISTRICT. 3. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, M.L. DIVISION,KADAPA,Y S R KADAPA DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, M.I.SUB-DIVISON,KADAPA,Y S R KADAPA DISTRICT. 2 VS,J W.P.No.5273 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 to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying bills amount to the petitioner for the works executed by him Proposed Ulimella Lake Development Package-1 at Pulivendula(M) of YSR Kadapa District. for an amount of Rs.3,23,56,961/-with interest, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bills amount along with interest to the petitioner in the interest of justice 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 respondents to pay bills amount to the petitioner for the works executed by him namely Proposed Ulimella Lake Development Package-1 at Pulivendula(M) of YSR Kadapa District for an amount of Rs.3,23,56,961/- with interest pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner(S): 1. PETLURI NAGA RAJU Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS,J W.P.No.5273 of 2025 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 not paying bills amount to the petitioner for the works executed by him namely “Proposed Ulimella Lake Development Package-1 at Pulivendula(M) of YSR Kadapa District.” for an amount of Rs.3,23,56,961/-with interest, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bills amount along with interest to the petitioner….” 2. The petitioner was entrusted the work i.e., Proposed Ulimella Lake Development Package-1 at Pulivendula(M) of YSR Kadapa District. The grievance of the petitioner is that, in spite of completion of the above said works, the respondent authorities have not paid an amount of Rs.3,23,56,961/- in favour of the petitioner. Challenging which, the present writ petition is filed. 3. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Irrigation and learned Assistant Government Pleader for Finance & Planning representing the respondents. 4. 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 VS,J W.P.No.5273 of 2025 5. 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. 6. The 3rd respondent i.e., the Executive Engineer has filed counter affidavit, wherein, it is stated that the L.S. 6th & Part Bill for net amount of Rs.3,23,56,961/- payable to the petitioner was uploaded in Nidhi portal. Learned Assistant Government Pleader submits that, soon after release of the budget by the Government, the bill amount of Rs. 3,23,56,961/- will be paid to the petitioner. 7. In view of the counter affidavit filed by the respondent No.3 and as well as the submissions made by the learned Assistant Government Pleader, this writ petition is disposed of with a direction to the respondents to clear the bill amount of Rs.3,23,56,961/- payable to the petitioner, as expeditiously as possible, preferably, within a period of six (6) months from the date of receipt of a copy of this order. 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 KGR