APHC010541792025 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: 28158/2025 Between: 1. NAKKA RAMBABU, S/O. SUBBA RAO. AGED ABOUT 55 YEARS, D. NO. 1-52/4, CHADALADA VILLAGE, PEDDAPURAM MANDAL, KAKINADA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION AND CAD A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE SUPERINTENDING ENGINEER, IRRIGATION WORKS CIRCLE, DOWLAISWARAM, EAST GODAVARI DISTRICT 3. THE EXECUTIVE ENGINEER, YELERU RESERVOIR PROJECT DIVISION, YELESWARAM, EAST GODAVARI DISTRICT 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR 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 topleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the Respondents in non-payment of amounts of Rs.7,22,073/- due to the 2 VS,J W.P.No.28158 of 2025 Petitioner even after finalising the bills, payable in relation to the work executed i.e. Cost of Diesel Oil for lifting of Water from Dabba Calve to supplement the standing crop for Rabi 2021-22 under Ayacut of Turupumata Calva in Kandrakota Village limits of Peddapuram Mandal under WUA Kattamuru as illegal, arbitrary, unjust, unfair, unreasonable and unconstitutional and consequently direct the Respondents to make the payment of full amounts due to the Petitioner without any deductions / recoveries in respect of execution of work carried out by the Petitioner and with reasonable interest for delayed period forthwith 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 to consider the payment of the amounts of Rs.7,22,073/- payable in relation to the work executed i.e. “Cost of Diesel Oil for lifting of Water from Dabba Calve to supplement the standing crop for Rabi 2021-22 under Ayacut of Turupumata Calva in Kandrakota Village limits of Peddapuram Mandal under WUA Kattamuru” immediately, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. VARREY VENTAKATA NAGAVISHNU TEJA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 VS,J W.P.No.28158 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 an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the Respondents in non-payment of amounts of Rs.7,22,073/- due to the Petitioner even after finalizing the bills, payable in relation to the work executed i.e. Cost of Diesel Oil for lifting of Water from Dabba Calve to supplement the standing crop for Rabi 2021-22 under Ayacut of Turupumata Calva in Kandrakota Village limits of Peddapuram Mandal under WUA Kattamuru as illegal, arbitrary, unjust, unfair, unreasonable and unconstitutional and consequently direct the Respondents to make the payment of full amounts due to the Petitioner without any deductions / recoveries in respect of execution of work carried out by the Petitioner and with reasonable interest for delayed period forthwith 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 07.03.2022 by the Irrigation Department. After execution of the aforementioned contract works, the respondents issued quality control certificate issued by the respondent for a sum of Rs.6,44,064/-. 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 amount, no payment is being made. The petitioner contends that such non- 4 VS,J W.P.No.28158 of 2025 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 has furnished the copy of instructions of the Executive Engineer, Yeluru Irrigation Division, Peddapuram, Kakinada District vide letter No.EE/Y.I.Div./PDP/Supdt/995M dated 13.11.2025 wherein it is admitted that the petitioner is entitled for an amount of Rs.6,77,587/- and the bills are not uploaded in NIDHI portal and the same is under process. Due to non-release of LOC to the required extent the above work bills are pending. After release of LOC by the Government in NIDHI portal, the pending bills of the petitioner will be processed. 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. 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 issued by the respondent for a 5 VS,J W.P.No.28158 of 2025 sum of Rs.6,44,064/- 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 6 VS,J W.P.No.28158 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA 56 WRIT PETITION NO: 28158/2025 Date: 17.11.2025 MH/JAK