APHC010476642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25131/2025 Between: 1. M/S.SRI VIGNESWARA CONSTRUCTIONS.,, REP.BY ITS MANAGING PARTNER, V.SURESH REDDY S/O. RAMAMJANEYA REDDY AGE. 45 YEARS, D.N0.25/27,SANJEEVA NAGAR, NANDYALA,KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT BUILDING, VELAGAPUDI AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER, TBP.DIVISION, ADONI, KURNOOL DISTRICT. 3. THE CHIEF ENGINEER, DWRD,WRD,KURNOOL DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, 2 VS,J W.P.NO.25131 OF 2025 VELAGAPUDI, AMARAVATHI, GUNTUR 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 appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the part -V payments of pending amounts of Rs.4 ,81,88,455 /- (Four Crores Eighty one Lakhs, Eighty Eight Thousand Four Hundred and Fifty Five only) even after finalizing the bills payable to the petitioner in relation to the works i.e.' Improvements to Bund From Ch.Km.1.503 To Km.4.275 of Gajuladinne project Under The Main Work of Improvements to Sanjeevaiah sagar (Gajuladinne) project to Accommodate to Extra water Requirement for yemmiganur municipaiity under Clause 60 c of PS To APSS , Agreement no.SE/IC/KNU10/2022- 23,Date.12.10.2022 Irrigation circle Department 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 forthwith consider releasing the amounts Rs. 4,81,88,455 /- (Four Crores Eighty one Lakhs, Eighty Eight Thousand Four Hundred and Fifty Five only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 VS,J W.P.NO.25131 OF 2025 The Court made the following ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the part-V payments of pending amounts of Rs.4,81,88,455 /- (Four Crores Eighty one Lakhs, Eighty Eight Thousand Four Hundred and Fifty Five only) even after finalizing the bills payable to the petitioner in relation to the works i.e.' Improvements to Bund From Ch.Km.1.503 To Km.4.275 of Gajuladinne project Under The Main Work of Improvements to Sanjeevaiah sagar (Gajuladinne) project to Accommodate to Extra water Requirement for Yemmiganur Municipality under Clause 60 c of PS To APSS, Agreement no.SE/IC/KNL/10/2022-23, Date.12.10.2022” Irrigation circle Department ...” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate to a tune of Rs.5,70,01,650/-. 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 money, no payment is being made. The 4 VS,J W.P.NO.25131 OF 2025 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 Government Pleader placed on record, the written instructions of the respondents and submitted that the admitted amount of Rs.4,81,88,455/- is payable to the petitioner. However, due to insufficient budget, they could not upload the bill in Nidhi portal. 5. 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 admitted amounts payable to the petitioner, within a period of six (06) months from the date of receipt of a copy of this order. No costs. 6. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging 5 VS,J W.P.NO.25131 OF 2025 payment of interest upon any amount which is due and payable, the same is binding upon both the parties. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _______________________ JUSTICE V.SUJATHA 08.12.2025 LSP