APHC010237492024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12009/2024 Between: 1. GIRIJALA RAMA KRISHNA,, S/O RAMARAO, AGE 45 YRS, OCC CONTRACTOR, R/O D.NO.5-185, THURPUPETA, KOYYALAGUDEM VILLAGE AND MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE EXECUTIVE ENGINEER, SPECIAL M.I. DIVISION, KR PURAM, ELURU DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, SPECIAL M.I. DIVISION, POLAVARAM MANDAL, WEST GODAVARI DISTRICT. 5. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ELURU, ELURU DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, JANGAREDDIGUDEM MANDAL, ELURU DISTRICT. RR 5 AND 6 ARE IMPLEADED AS PER THE COURT'S ORDER 2 VS,J W.P.No.12009 of 2024 DT.16.09.2025 IN I.A.NO.01 OF 2024 ...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 order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not paying the bills raised by the Petitioner under O and M works for an amount of Rs. 9,76,279/- after completion of the work is illegal, arbitrary and unconstitutional and consequently direct the respondent authorities to pay the bill amount of Rs.9,76,279/- along with interest @ 12 percent annum in the interest of justice and pass 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 pleased to implead Proposed Respondents 5 & 6 as party respondent in the above writ petition, in the interest of justice and pass Counsel for the Petitioner: 1. M P V N V SASTRI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS,J W.P.No.12009 of 2024 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12009/2024 ORDER: 1. The petitioner has been awarded the execution of works under the Irrigation department. After execution of the said contract, a final bill was prepared for a sum of Rs.4,94,858/-, Rs.1,69,089/- and Rs.3,92,492/- as per the sanctioned orders confirming the same, respondents also issued quality control certificates dated 19.12.2023 to a tune of Rs.3,87,582/-, Rs.16,500/- and Rs.1,53,166/- 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. 2. 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 petitioner contends that such non-payment of money is clearly arbitrary and high- handed requiring the interference of this Court. 3. 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. 4. On the other hand, learned Government Pleader for Irrigation as well as Finance & Planning, on oral instructions, has stated that, since 4 VS,J W.P.No.12009 of 2024 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 amounts payable to the petitioner as per the quality control certificates dated 19.12.2023 filed by the petitioner to a tune of Rs.3,87,582/-, Rs.16,500/- and Rs.1,53,166/- respectively. 5. 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 admitted amounts to the petitioner in accordance with the quality control certificates dated 19.12.2023 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. 6. 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. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________ JUSTICE V.SUJATHA Dt:07.10.2025 JLV 5 VS,J W.P.No.12009 of 2024 39 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12009/2024 Dt:07.10.2025 JLV