APHC010517822025 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: 27397/2025 Between: 1. SUDHAKARA INFRATECH PVT LTD, D.NO.6-3-124, FLOTNO.304, METRO RESIDENCY, RAJABJAVAN ROAD, HYDERABAD - 500082, BEING REPRESENTED BY ITS MANAGING DIRECTOR NATHHI BAYANNAGARI VIJAYA BHASAKAR REDDY ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, CADA AND SPECIAL CHIEF SECRETARY TO THE GOVERNMENT, WATER RESOURCES (CADA) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, KADAPA, KADAPA DISTRICT. 5. THE SUPERINTENDENT ENGINEER, SKD GNSS PROJECT CIRCLE, KADAPA. 6. THE EXECUTIVE ENGINEER, S.K.D. G.N.S.S. DIVISION NO.1, KADAPA, KADAPA DISTRICT. 2 VS, J W.P.No.27397 of 2025 7. THE DEPUTY EXECUTIVE ENGINEER, S.K.D. G.N.S.S. SUB- DIVISION NO.1, KADAPA, KADAPA 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 order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the bill amount to the Petitioner i.e., Rs.1,03,38,601 (One Crore Three Lakhs Thirty Eight Thousand Six Hundred and One Rupees Only) in respect of the work executed by the Petitioner, which is illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 19(g) and 21 of the Constitution of India and consequently direct the Respondents to pay the contract bill amount i.e., Rs.1,03,38,601 (One Crore Three Lakhs Thirty Eight Thousand Six Hundred and One Rupees Only) for the work executed by the Petitioner forthwith in the interest of justice 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 pleased to DIRECT the respondents to take steps for payment of bills i.e., Rs.1,03,38,601 (One Crore Three Lakhs Thirty Eight Thousand Six Hundred and One Rupees Only) in relation to the works executed by the Petitioner pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MARUPILLI SARADA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING The Court made the following: 3 VS, J W.P.No.27397 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 an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the bill amount to the Petitioner i.e., Rs.1,03,38,601 (One Crore Three Lakhs Thirty Eight Thousand Six Hundred and One Rupees Only) in respect of the work executed by the Petitioner ….” 2. The petitioner had been awarded the contract of work i.e., “Leveling, Marking of Plots and Formation of Cement Concrete Roads & Cement Concrete Drains and Construction of Function Hall by providing basic amenities in Erragudi Village Block-B (North Side) R & R Centre of Kondapuram Mandal for the displaced families under Gandikota Reservoir in Kadapa District” vide Agreement No.17SE/2020-21, dated 13.08.2020 by the respondents. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 02.12.2023 for a sum of Rs.82,30,782/-. 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 VS, J W.P.No.27397 of 2025 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. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate i.e., dated 02.12.2023 for a sum of Rs.82,30,782/-. 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. Though the petitioner claims to be entitled to Rs.1,03,38,601/-, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificate issued by the respondents dated 02.12.2023 for a sum of Rs.82,30,782/-. 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 respondents to release the amounts to the petitioner in accordance with the quality control certificate i.e., dated 02.12.2023 for a sum of Rs.82,30,782/- issued by the respondents, within a period of five (05) 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 5 VS, J W.P.No.27397 of 2025 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 CAB/KGR