APHC010461322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24192/2025 Between: 1. SRI SRI LAKSHMI CONSTRUCTIONS, MANAGING PARTNER KOWURI NAGI REDDDY, S/O. KOWURI VENKATA REDDY, AGED ABOUT 53 YEARS, R/O. D.NO. 1-28, GOPALAPURAM VILLAGE, RAVULAPALEM MANDAL EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR, (IRRIGATION WING), KAKINADA KAKINADA DISTRICT. 4. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT DOWLAISWARAM, EAST GODAVARI DISTRICT. 2 6. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, Y.L DIVISION, PEDDAPURAM, KAKINDA 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction on part of the respondents herein in not releasing the final bill amount worth of Rs.10,07,341/-, 1) Amount of Rs. 5,17,191/- vide Agreement No. 3/2020-21, for which the work Removal of weed growth from Yeleru Main Canal in between K.M.. 12.100 to K.M. 18.500 and off take channels of Gummidigattu in the Jurisdiction of Y.l. Section No.1, Pithapuram during the year 2020-21for both Khariff and Rabi crops in East Godavari District, 2) Amount Rs. 4,90,150/-, vide its Agreement No. 4/2020-21, for which the work Removal of weed growth from Yeleru Main Canal in between K.M. 14.000 to K.M. 18.000 in the Jurisdiction of Y.l. Section N0.1, Pithapuram during the year 2020-21 for both Khariff and Rabi crops in East Godavari District, with interest of execution and completion of O and M works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 10,07,341/- for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith. Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ to declare the inaction on part of the respondents herein in not releasing the final bill amount worth of Rs.10,07,341/- i.e., 1) Amount of Rs. 5,17,191/- vide Agreement No. 3/2020-21, for which the work Removal of weed growth from Yeleru Main Canal in between K.M.. 12.100 to K.M. 18.500 and off take channels of Gummidigattu in the Jurisdiction of Y.l. Section No.1, Pithapuram during the year 2020-21for both Khariff and Rabi crops in East Godavari District and 2) Amount Rs.4,90,150/-, vide its Agreement No. 4/2020-21, for which the work Removal of weed growth from Yeleru Main Canal in between K.M. 14.000 to K.M. 18.000 in the Jurisdiction of Y.l. Section N0.1, Pithapuram during the year 2020-21 for both Khariff and Rabi crops in East Godavari District, with interest of execution and completion of O and M works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially, to direct the respondents to release the final bill amount worth of Rs.10,07,341/- forthwith….” 2. The petitioner had been awarded contract of two works as per two agreements, dated 18.07.2020 by the 6th respondent. After execution of the 4 aforementioned contract works, the respondents issued Quality Control Certificate i.e., dated 30.05.2025 for a sum of Rs.4,90,150/- and dated 30.05.2023 for a sum of Rs.5,17,191/-. 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 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 on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificates, dated 30.05.2025 is for a sum of Rs.4,90,150/- and dated 30.05.2023 is for a sum of Rs.5,17,191/-. He further submits that since the budget was not released by the Government, the bill amount is not paid to the petitioner. Soon after release of the budget by the Government, the bill amount will be paid to the petitioner. 5 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificate 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 amount to the petitioner in accordance with the quality control certificate, dated 24.03.2025 for a sum of Rs.10,50,229/-, issued by the respondents, within a period of three (3) 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: 06.10.2025 ARB 6 HON’BLE SMT JUSTICE V.SUJATHA Writ Petition No.24936 of 2025 Date: 06.10.2025 ARB