APHC010250252024 IN THE HIGH COURT BSB AT A - ANDHRA PRADESH at AMARAVATI (Special Original Jurisdietio S; n) MONDAY,THE twenty second day TWO THOUSAND AND OF SEPTEMBER twenty five present the HONOURABLE SMT JUSTICE V.SUJATHA ^'*®™!B2NNOU2382 0F2024 Between; Sri Balaji Infratech, C/o Subba Rayudu, Street, Vanamthopu Rep by its Managing partner Sri A Suresh Naidu ® D No. 26/15/288 ' SPSR Nellore District 4 TH •■■Petitioner AND T The State Government, Of Andhra Pradesh, Rep, by its Pri. Department, Secretary to Secretariat, Water Resources Velagapudi, Amaravathi 2- The State of Andhra AP Guntur District. Pradesh, Rep, by its Pri, secretary to Government Planning, AP Secretariat, Veiagapudi, Department of Finance Amaravathi, Guntur District. The Superintendent Development and Engineer, '''"Sa'lon Circle, Nellore,- ■ e Executive Engineer, Water Resources Division, Nellore, SPSR Irrigation AND Command Area SPSR Nellore District. Department, Nellore Central Nellore District. ■ Respondents Petition under Article 226 of the Constitutio 'n the affidavit filed n of India circumstances stated i pleased to i praying that in the therewith, the High Court issue a writ, order may be particularly one In the nature or direction more of WRIT OF MANDAMUS declaring the action of the respondents in non payment an amount of Rs. 17,84,575/- in total due for the last two years after finalizing completion of the even the bills, payable to the petitioner after the successful execution of works i.e.. Repairs and Restoration of Potelukalava near Kommalapudi Village in Manubolu Mandal of SPSR Nellore District vide agreement .09 O AND M/2023-24 dated 28 10.2023 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. 17.84,575/- towards the works executed by the petitioner along with 12PERCENT interest per annum. lA 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 direct the respondents to pay the amount of Rs. 17,84,575/- in total due for the last Two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., “Repairs and Restoration of Potelukalava near Kommalapudi Village in Manubolu Mandal of SPSR Nellore District vide agreement 28.10.2023 forthwith, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent Nos.1,3,4: GP FOR IRRI AND CAD Counsel for the Respondent No.2:GP FOR FINANCE PLANNING The Court made the following to no 09 O & M/2023-24 dated APHC010250252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0E0 t . [3333] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12382/2024 Between: 1.SRI BALAJI INFRATECH, REP BY ITS MANAGING PARTNER SRI A SURESH NAIDU, C/0 SUBBA RAYUDU, AGED ABOUT 41 YEARS R/0 D.NO. 26/15/288, 4 TH STREET, VANAMTHOPU, NELLORe’ SPSR NELLORE DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY WATER RESOURCES DEPARTMENT. AP TO GOVERNMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING AP SECRETARIAT, DISTRICT. VELAGAPUDI, AMARAVATHI, GUNTUR 3.THE SUPERINTENDENT ENGINEER, IRRIGATION AND COMMAND IRRIGATION CIRCLE, NELLORE, SPSR AREA DEVELOPMENT NELLORE DISTRICT. 4.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT NELLORE CENTRAL DIVISION, DISTRICT. NELLORE, SPSR NELLORE ...RESPONDENT{S): f 2 VS,J W.P. No. 12382 of 2024 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. 17,84,575/- in total due for the last two after finalizing the bills, payable to the petitioner after the years even successful completion of the execution of works i.e.. Repairs and Restoration of Potelukalava near Kommalapudi Village in Manubolu Mandal of SPSR Nellore District vide agreement no 09 O AND M/2023-24 dated 28.10.2023 duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles Constitution of India and consequently direct the 14 and 21 of the respondents to release an amount of Rs. 17,84,575/- towards the works executed by the petitioner along with 12PERCENT interest per annum and to pass lA 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 the amount of Rs. 17,84,575/- in total due for the last Two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., “Repairs and Restoration of Potelukalava near Kommalapudi Village in Manubolu Mandal of SPSR Nellore District vide agreement no 09 O & M/2023-24 dated 28.10.2023” forthwith, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1.S1VAPRASAD REDDY VENATl Counsel for the Respondent{S); 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING 3 VS,J W.P. No. 12382 of 2024 The Court made the following Order: The present Writ Petition of India seeking the following relief:- was filed under Article 226 of the Constitution ... 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.17,84,575/- in total due for the last two years even after finalizing the bills payable the petitioner after the successful completion of the works i.e., to execution of Repairs and Restoration of Potelukalava near Kommalapudi Village in Manubolu Mandal of SPSR Nellore District vide agreement no.09 0 & M/2023-24 dated 28.10.2023”. duly approved by the respondents as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release Rs.17,84,575/- towards the works executed by the petitioner alorig with 12% interest per annum and to pass such other order or orders....” to an amount of 2. The petitioner had been awarded the Irrigation Department. After execution of the said also issued quality controj certificate to contract of work(s) by the contract, the respondents a tune of Rs.17,84,575/-. 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 money, no payment is being made. The petitioner contends that such payment of money is clearly arbitrary and high-handed interference of this Court. sum of non requiring the 5 4 VS,J W.P.No. 12382 of 2024 This Court, in various orders, including the judgment of a learned Single 4. 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. On the other hand, learned Government Pleader for Irrigation, on oral 5. 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.17,84,575/-. 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 10.01.2024 issued by the respondents within a period of three (3) 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 any amount which is due and payable, the same is binding upon both the parties. There shall be no order as to costs. 'W 5 VS,J W.P.No.12382 of 2024 As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- SRI T.SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Department, AP Secretariat District. 2. The PrI. Secretary to Government, Department of Finance and Planning, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Superintendent Engineer, Irrigation AND Command Area Development, Irrigation Circle, Nellore, SPSR Nellore District. 4. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District. 5. One CC to SRI. SIVAPRASAD REDDY VENATI Advocate [OPUC] 3. Two CCs to GP FOR IRRI AND CAD High Court of Andhra Pradesh [OUT] 7. Two CCs to GP FOR FINANCE PLANNING High Court of Andhra Pradesh [OUT] 8. Two CD Copies. Water Resources Velagapudi, Amaravathi, Guntur AL HIGH COURT TL DATED:22/09/2025 ORDER WP NO. 12382 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS