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2025 DAILYLAW 50889 (AP)

CHANNAMALLU SRI HARI RAO v. THE STATE OF AP

WP/16168/2025 · 2025-11-23

V Sujatha

body2025

Judgment text

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APHC010317142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16168/2025 Between: CHANNAMALLU SRI HARI RAO, S/O RAMADANDU, R/O DOOR NO.3- 52, RENTAPALLA VILLAGE SATTENAPALLI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P. SECRETARIAT BUILDING, VELAGAPUDI GUNTUR DISTRICT - PIN 522 502 3. THE MANAGING DIRECTOR, A.P.S.I.D.C. REGD. OFFICE, DOOR NO.29-36-37, 3RD FLOOR, AMMANA ESTATE, OPP. ANDHRA PRADESH PRAKASAM ROAD, GOVERNORPET VIJAYAWADA - 520 002. KRISHNA DISTRICT. 4. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, DOWLAISWARAM - 533 125, EAST GODAVARI DISTRICT. 5. THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM - 533 255, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.16168 of 2025 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 toplease issue a Writ or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th and 5th respondents in not releasing the amount of Rs.3,16,739/- even after finalizing the bills payable to the petitioner in relation to the work of Construction of slab and Approaches for DLB at Km.25.951 on Mandapeta Canal in G.E. Division, Ramachandrapuram of East District as illegal, arbitrary, unconstitutional and direct the respondents to immediately pay the due amount of Rs.3,16,739/- along with interest at 16.5 percent p.a. payable to the petitioner in relation to the works done by the petitioner 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 Please direct the respondents herein to release the due amount of Rs.6,77,203/- payable to the petitioner in relation to the work entrusted to the petitioner and which was completed by the petitioner in time and further to grant orders against the respondents to pay the amount payable to the petitioner within the stipulated time frame and pass Counsel for the Petitioner: 1. CHILUKURI NARENDRA BABU Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.16168 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 or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th and 5th respondents in not releasing the amount of Rs.3,16,739/- even after finalizing the bills payable to the petitioner in relation to the work of Construction of slab and Approaches for DLB at Km.25.951 on Mandapeta Canal in G.E. Division, Ramachandrapuram of East District as illegal, arbitrary, unconstitutional and direct the respondents to immediately pay the due amount of Rs.3,16,739/- along with interest at 16.5 percent p.a. payable to the petitioner in relation to the works done by the petitioner….” 2. The petitioner had been awarded the contract of work vide agreement, dated 13.04.2018, for a final bill amount of Rs.6,77,203/- by the 5th respondent. 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 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 4 VS,J W.P.No.16168 of 2025 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. Learned Assistant Government Pleader for Irrigation has furnished a copy of letter, dated 15.11.2025 issued by the 5th respondent wherein it is stated that the petitioner’s bill for Rs.3,16,739/- is ready for uploading in NIDHI Portal. 6. Though the petitioner claims to be entitled to Rs. 6,77,203/-, the learned counsel for the petitioner has admitted that the writ petition may be disposed of as per the letter issued by the 5th respondent. 7. 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 respondent Nos.2 to 5 to release the admitted amounts to the petitioner, within a period of two (02) 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: 24.11.2025 KGR