APHC010514652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27297/2025 Between: 1. MS INFRA, REP BY. MANAGING PARTNER SRI.DEVI REDDY SRIKANTH REDDY, S/O DEVIREDDY RAMI REDDY, AGED ABT 47 YEARS, OCC- CONTRAETOR (CIVIL), R/O. 1-3-549-11, CHENNAREDDY COLONY, NEAR MAHALAKSHMI TEMPLE, PULIVENDULUA, KADAPA DISTRICT. ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATHI, GUNTUR DISTRICT. ANDHRA PRADESH 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH 3. THE DISTRICT COLLECTOR, COLLECTORATE, YSR KADAPA DISTRICT, ANDHRA PRADESH. 4. THE SUPERINTENDING ENGINEER, SKD GNSS PROJECT CIRCLE, NTR TGP COLONY, MAMILAPALLI (V), KADAPA. 5. THE EXECUTIVE ENGINEER, PBC DIVISION, PULIVENDULA, YSR KADAPA DISTRICT. 2 ...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 direct the Respondents to process and release the pending due amounts Rs. 1,10,00,079/- in respect of Works covered under Agreement vide NO.39SE/2023-2024 dt.l8.12.2023in respect of works executed and completed by me along with interest at the rate of 18percentage per annum from due dates till date of realization 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 process and release the pending due amounts Rs.1,10,00,079/- in respect of Works covered under Agreement vide NO.39SE/2023-2024 dt.l8.12.2023in respect of works executed and completed by me along with interest at the rate of 18percentage per annum from due dates till date of realization and pass Counsel for the Petitioner: 1. MARUPILLI SARADA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 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 direct the Respondents to process and release the pending due amounts Rs. 1,10,00,079/- in respect of Works covered under Agreement vide NO.39SE/2023-2024 dt.l8.12.2023 in respect of works executed and completed by me along with interest at the rate of 18 percentage per annum from due dates till date of realization and pass. 2. The petitioner had been awarded a contract of work as per the agreements date 18.12.2023 by the Irrigation Department. After execution of the aforementioned contract work, though the petitioner claims an amount of Rs. Rs. 1,10,00,079/-, the respondents issued Quality Control Certificate dated 02.03.2024 to a tune of Rs.60,06,323/-. 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- 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 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. The respondent No.5 filed a counter-affidavit duly stating that the petitioner had concluded an agreement for the work vide agreement No.39 SE/2023-24 dated 18.12.2023 for Rs.1,02,53,749.52/- which is 0.01% less on Estimated Cost Value of Rs.1,25,00,000/- for a period of twelve months. It is further stated that LS-1 & part bill was passed for a net amount of Rs.41,46,472/- out of gross amount of Rs.43,47,122/- and LS-2 & final bill was passed for a net amount of Rs.68,40,247/- out of gross amount of Rs.74,95,236/- vide M.Books No.823 PBC and 839 PBC respectively. It is further stated that due to non availability of budget the petitioner bill was not paid during financial year 2023-24 and hence new migrated bills for LS-1 & part bill and LS-2 & final bill were once again generated during the financial year 2024-25 vide CFMS Bill ID:2024-170901 and CFMS Bill ID No:2024-173104 respectively for arranging payments to the petitioner. 6. In view of the counter affidavit filed by the 5th respondent and as well as the submissions made by the learned Assistant Government Pleader, this writ petition is disposed of with a direction to the respondents to clear the admitted bill amount payable to the petitioner, as expeditiously as possible, preferably within a period of six (6) months from the date of receipt of a copy of this order. No costs. 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 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: 22.12.2025 MH 6 THE HONOURABLE SMT JUSTICE V.SUJATHA 71 WRIT PETITION NO: 27297/2025 Date: 22.12.2025 MH