APHC010589762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30764/2025 Between: 1. JAGATHA SRINU, S/O. RAMBABU, AGED ABOUT 43 YEARS, CONTRACTOR, R/O 1-67/1,MAIN ROAD, BOBBARLANKA, ATREYAPURAM, ERSTWHILE EAST GODAVARI DISTRICT, PRESENTLY DR.B.R.AMBEDKARKONASEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER CAD, VIJAYAWADA, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, N.T.R. DISTRICT. 4. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL CFMS, 6TH FLOOR, C-BLOCK- DISTRICT, REP.BY ITS CHAIRMAN. MANAGEMENT ANJANEYA TOWERS, 2 VS,J W.P.No.30764 of 2025 IBRAHIMPATNAM, SYSTEM KRISHNA 5. THE ENGINEERINCHIEFIW, WATER RECOURCES DEPARTMENT, A.P. VIJAYAWADA, KRISHNA DISTRICT. 6. THE SUPERINTENDING ENGINEER IRRIGATION CIRCLE, DOWLAISWARAM, RAJAMAHENDRAVAM, EAST GODAVARI DISTRICT. 7. THE EXECUTIVE ENGINEER, GODAVARI HEAD WORKS DIVISION, DOWLAISWARAM, RAJAMAHENDRAVAM, 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 pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not release amount in respect of Rs.2,57,026/-, Agreement No.32D/2024-25, dated 23-01-2025, for Temporary Repairs to Shutters of 4 Arms and Scour Slucies for 3 Deltas of Sir Arthur Cotton Barrage, Dowlaiswaram to Arrest the Leakages during Rabi Season for the Period from 01-12-2024 to 30-04-2025, under the 7th respondent, therefore.Total Rs. 2,57,026/-, even after finalizing the bills, in spite of repeated requests as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release Second and Final amount in my favour along with interest 24 p.a., in favour of Petitioner along with interest 24 p.a., and 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 herein forthwith to release balance amount in respect of Rs. 2,57,026/-, Agreement No.32D/2024-25, dated 23-01-2025, for Temporary Repairs to Shutters of 4 Arms and Scour Slucies for 3 Deltas of Sir Arthur Cotton Barrage, 3 VS,J W.P.No.30764 of 2025 Dowlaiswaram to Arrest the Leakages during Rabi Season for the Period from 01-12-2024 to 30-04-2025, under the 7th respondent, therefore. Total Rs. 2,57,026/-, (along with interest 24 percentage p.a., pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. G SIMHADRI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 4 VS,J W.P.No.30764 of 2025 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 herein in not release amount in respect of Rs.2,57,026/-, Agreement No.32D/2024-25, dated 23-01-2025, for Temporary Repairs to Shutters of 4 Arms and Scour Sluices for 3 Deltas of Sir Arthur Cotton Barrage, Dowlaiswaram to Arrest the Leakages during Rabi Season for the Period from 01-12-2024 to 30-04-2025, under the 7th respondent, therefore. Total Rs. 2,57,026/-, even after finalizing the bills, in spite of repeated requests as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release Second and Final amount in my favour along with interest 24 p.a., in favour of Petitioner along with interest 24 p.a., and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. The petitioner had been awarded the contract of work as per the agreement dated 23-01-2025 by the Irrigation department. After execution of the aforementioned contract works, the respondents issued quality control certificate dated 04.06.2025 for a sum of Rs. 2,57,026/-. As the payment of the 5 VS,J W.P.No.30764 of 2025 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 the aforesaid sum of amount, 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 Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificate dated 04.06.2025 for a sum of Rs. 2,57,026/-. He further submits 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. 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 6 VS,J W.P.No.30764 of 2025 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 amounts to the petitioner in accordance with the quality control certificate dated 04.06.2025 for a sum of Rs.2,57,026 issued by the respondents, within a period of two (2) months from the date of receipt of a copy of this order. 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. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 17.11.2025 MH/JAK 7 VS,J W.P.No.30764 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA 24 WRIT PETITION NO: 30764/2025 Date: 17.11.2025 MH/JAK