APHC010221892024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11494/2024 Between: 1. K. MOTHILALA NAIDU, S/O. KUMAR SWAMY NAIDU AGE 57 YEARS, R/O. D. NO. 405, SUNRISE PARK APARTMENT SRIKALAHASTI, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION SRIKALAHASTI, TIRUPATI DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the 2 VS,J W.P.NO.11494 OF 2024 High Court may be pleased tomay 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 bill amounts towards the execution of the works i.e. i) Restoration of Surplus weir, Surplus course and Construction of Protection walls to field channel under Sluice No. 2 and 3 of Chundi tank near Rajugunta Village in Srikalahasti Mandal of Chittoor District under Agreement No. 04 DN/2022-23, Dated 12.05.2022 for an amount of Rs. Rs. 21,37,073/-, ii) Construction of Protection walls @ Vedalla Cheruvu field channels near Bhimavaram SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 22 DN/2022-23, Dated 23.05.2022 for an amount of Rs. 28,18,219/-, iii) Construction of Protection walls @ Sluice No. 1 2 of Bhimavaram SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 20 DN/2022-23, Dated 23.05.2022 for an amount of Rs. 36,53,874/-, iv) Restoration of Surplus weir. Surplus course and Construction of Protection walls to field channel under Sluice of Malavanigunta tank near Inagaluru Village in Srikalahasti Mandal of Chittoor District under Agreement No. 31 DN/2022-23 24.05.2022 for an amount of Rs. 33,63,563/-, v) Construction of Pipe Culvert Across Surplus course of Kuntipudi tank near Kuntipudi SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 95 DN/2021-22 for an amount of Rs. 21,59,973/-, vi) Restoration of Surplus course and Varavakalava of Ramanujapalli SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 97/ DN/2021-22 for an amount of Rs. 15,61,283/-, vii) Emergency repairs to the Damaged bund of Sadasivakona Reservoir near Chellur Village in Yerpedu Mandal of Chittoor District under Agreement No. 06 DN/2021- 22 for an amount of Rs. 35,95,200/-, viii) Construction of Pipe Culvert across Nakkala Kalava Harijanawada of Penkulapadu Village in Srikalahasti Mandal of Chittoor District under Agreement No. 19 DN/2022-23 for an amount of Rs. 34,59,786/-, ix) Restoration of Irrigation Channels of Venugopalapuram Big tank near Suravaripalli (V) in Srikalahasti (M) of Chittoor District under 3 VS,J W.P.NO.11494 OF 2024 Agreement No. 106 DN/2021-22 for an amount of Rs. 17,17,199/- and x) Reconstruction of Sluice, Repairs to Surplus weir and Construction of Protection walls to field channel under sluice of Pathagunta small tank near Transformer Harijanawada in Srikalahasti Mandal of Chittoor District under Agreement No. 24 DN/2022-23 for an amount of Rs. 33,71.904/- in spite of approval, 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 above approved bill amounts along with interest to the petitioner in the interest of justice and to pass such IA 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 may be pleased to Direct the respondents to pay process payment of bill amounts towards the execution of the works i.e. I) Restoration of Surplus weir. Surplus course and Construction of Protection walls to field channel under Sluice No. 2 and 3 of Chundi tank ndar Rajugunta Village in Srikalahasti Mandal of Chittoor District under Agreement No. 04 DN/2022-23, Dated 12.05.2022 for an amount of Rs. Rs. 21,37,073/-, ii) Construction of Protection walls @ Vedalla Cheruvu field channels near Bhimavaram SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 22 DN/2022-23, Dated 23.05.2022 for an amount of Rs. 28,18,219/- , iii) Construction of Protection walls @ Sluice No. 1 & 2 of Bhimavaram sc Colony in Srikalahasti Mandal of Chittoor District under Agreement for an amount of Rs.No. 20 DN/2022-23, Dated 23.05,2022 36,53,874/-, iv) Restoration of Surplus weir. Surplus course and Construction of Protection wails to field channel under Sluice of Malavanigunta tank near Inagaluru Village in Srikalahasti Mandal of Chittoor District under Agreement No. 31 DN/2022-23, Dated 24.05.2022 for an amount of Rs. 33,63,563/-, v) Construction of Pipe Culvert Across 4 VS,J W.P.NO.11494 OF 2024 Surplus course of Kuntipudi tank near Kuntipudi SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 95 DN/2021-22 for an amount of Rs. 21,59,973/-, vi) Restoration of Surplus course and Varavakalava of Ramanujapalli SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 97/ DN/2021-22 for an amount of Rs. 15,61,283/-, vii) Emergency repairs to the Damaged bund of Sadasivakona Reservoir near Chellur Village in Yerpedu Mandal of Chittoor District under Agreement No. 06 DN/2021- 22 for an amount of Rs. 35,95,200/- , viii) Construction of Pipe Culvert Nakkala Kalava Harijanawada of Penkulapadu Village in Srikalahasti Mandal of Chittoor District under Agreement No. 19 DN/2022-23 for an amount of Rs. 34,59,786/-, ix) Restoration of Irrigation Channels of Venugopalapuram Big tank near Suravaripalli (V) in Srikalahasti (M) of Chittoor District under Agreement No. 106 DN/2021-22 for an amount of Rs. 17,17,199/- and x) Reconstruction of Sluice, Repairs to Surplus weir and Construction of Protection walls to field channel under sluice of Pathagunta small tank near Transformer Harijanawada in Srikalahasti Mandal of Chittoor District under Agreement No. 24 DN/2022-23 for an amount of Rs. 33,71,904/- pending disposal of the above writ petition in the interest of justice and pass such sc Colony in Srikalahasti Mandal of Chittoor District under Agreement for an amount of Rs.No. 20 DN/2022-23, Dated 23.05,2022 36,53,874/-, iv) Restoration of Surplus weir. Surplus course and Construction of Protection wails to field channel under Sluice of Malavanigunta tank near Inagaluru Village in Srikalahasti Mandal of Chittoor District under Agreement No. 31 DN/2022-23, Dated 24.05.2022 for an amount of Rs. 33,63,563/-, v) Construction of Pipe Culvert Across Surplus course of Kuntipudi tank near Kuntipudi SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 95 DN/2021-22 for an amount of Rs. 21,59,973/-, vi) Restoration of Surplus course and Varavakalava of Ramanujapalli SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 97/ DN/2021-22 for an amount of Rs. 15,61,283/-, vii) Emergency repairs to the Damaged bund of 5 VS,J W.P.NO.11494 OF 2024 Sadasivakona Reservoir near Chellur Village in Yerpedu Mandal of Chittoor District under Agreement No. 06 DN/2021- 22 for an amount of Rs. 35,95,200/-, viii) Construction of Pipe Culvert Nakkala Kalava Harijanawada of Penkulapadu Village in Srikalahasti Mandal of Chittoor District under Agreement No. 19 DN/2022-23 for an amount of Rs. 34,59,786/-, ix) Restoration of Irrigation Channels of Venugopalapuram Big tank near Suravaripalli (V) in Srikalahasti (M) of Chittoor District under Agreement No. 106 DN/2021-22 for an amount of Rs. 17,17,199/- and x) Reconstruction of Sluice, Repairs to Surplus weir and Construction of Protection walls to field channel under sluice of Pathagunta small tank near Transformer Harijanawada in Srikalahasti Mandal of Chittoor District under Agreement No. 24 DN/2022-23 for an amount of Rs. 33,71,904/- pending disposal of the above writ petition in the interest of justice and pass such Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRI AND CAD (AP) The Court made the following: 6 VS,J W.P.NO.11494 OF 2024 ORDER:- This writ petition is 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 bill amounts towards the execution of the works i.e. i) Restoration of Surplus weir, Surplus course and Construction of Protection walls to field channel under Sluice No. 2 and 3 of Chundi tank near Rajugunta Village in Srikalahasti Mandal of Chittoor District under Agreement No.04 DN/2022-23, Dated 12.05.2022 for an amount of Rs. Rs. 21,37,073/-, ii) Construction of Protection walls @ Vedalla Cheruvu field channels near Bhimavaram SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No.22 DN/2022-23, Dated 23.05.2022 for an amount of Rs.28,18,219/-, iii) Construction of Protection walls @ Sluice No. 1 & 2 of Bhimavaram SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No.20 DN/2022-23, Dated 23.05.2022 for an amount of Rs.36,53,874/-, iv) Restoration of Surplus weir, Surplus course and Construction of Protection walls to field channel under Sluice of Malavanigunta tank near Inagaluru Village in Srikalahasti Mandal of Chittoor District under Agreement No.31 DN/2022-23 dated 24.05.2022 for an amount of Rs. 33,63,563/-, v) Construction of Pipe Culvert Across Surplus course of Kuntipudi tank near Kuntipudi SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 95 DN/2021-22 for an amount of Rs. 21,59,973/-, vi) Restoration of Surplus course and Varavakalava of Ramanujapalli SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 97/ DN/2021-22 for an amount of Rs. 15,61,283/-, vii) Emergency repairs to the Damaged bund of Sadasivakona Reservoir near Chellur Village in Yerpedu Mandal of Chittoor District under Agreement No. 06 DN/2021-22 for an amount of Rs. 35,95,200/-, viii) Construction of Pipe Culvert across Nakkala Kalava Harijanawada of Penkulapadu Village in Srikalahasti Mandal of Chittoor District under 7 VS,J W.P.NO.11494 OF 2024 Agreement No. 19 DN/2022-23 for an amount of Rs.34,59,786/-, ix) Restoration of Irrigation Channels of Venugopalapuram Big tank near Suravaripalli (V) in Srikalahasti (M) of Chittoor District under Agreement No. 106 DN/2021-22 for an amount of Rs. 17,17,199/- and x) Reconstruction of Sluice, Repairs to Surplus weir and Construction of Protection walls to field channel under sluice of Pathagunta small tank near Transformer Harijanawada in Srikalahasti Mandal of Chittoor District under Agreement No. 24 DN/2022-23 for an amount of Rs.33,71.904/- in spite of approval, 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 above approved bill amounts along with interest to the petitioner in the interest of justice...” 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 to a tune of Rs.16,94,054/-, Rs.23,09,383/-, Rs.29,85,252/-, Rs.26,64,319/-, Rs.18,98,938/-, Rs.14,83,268/-, Rs.31,56,956/-, Rs.28,90,916/-, Rs.13,16,257/-, Rs.26,59,057/- respectively/-. 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 the aforesaid sum of money, no payment is being made. The 8 VS,J W.P.NO.11494 OF 2024 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 placed 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, admitted the amount payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.16,94,054/-, Rs.23,09,383/-, Rs.29,85,252/-, Rs.26,64,319/-, Rs.18,98,938/-, Rs.14,83,268/-, Rs.31,56,956/-, Rs.28,90,916/-, Rs.13,16,257/-, Rs.26,59,057/- respectively/-. 6. 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 9 VS,J W.P.NO.11494 OF 2024 respondents to release the amount to the petitioner in accordance with the quality control certificates dated 25.08.2023, 25.08.2023, 25.08.2023, 25.08.2023, 13.03.2023, 13.03.2023, 13.03.2023, 20.12.2022, 26.12.2022, 26.12.2022 issued by the respondents within a period of eight (08) months from the date of receipt of a copy of this order. No costs. 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. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :08.12.2025 LSP