APHC010450332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23693/2025 Between: 1. APR CONSTRUCTION LTD, REP. BY ITS PROPRIETOR, DUVVURU SUBBARAMI REDDY, S/O.BHAKTAVATSALA REDDY, AGED ABOUT 45 FLAT NO.404,5TH FLOOR, BHAN ENCLAVE, SUNDAR NAGAR, ERRAGADDA, HYDERABAD. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT BUILDING, VELAGAPUDI AMARAVATHI, GUNTUR. 2. THE CHIEF ENGINEER, N.T. R. TELUGU GANGA PROJECT, THIRUPATHI, CHITTOOR DISTRICT. 3. THE EXECUTIVE ENGINEER, SSLC SB DIVISION NO.2, NELLORE, SPSR NELLORE DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, 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 to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents n 2 VS,J W.P.No.23693 of 2025 withholding the payments of pending amounts of Rs. 4,37,71,311/- ( Four Crores Thirty Seven Lakhs, Seventy one Thousand, Three Hundred and Eleven Rupees only) , even after finalizing the Part -VIII IX bills payable to the petitioner in relation to the works i.e. TGP- Package No.9-Additional work Construction of spillway across kandaleru reservoir on the left flack for a discharge of 50,000c/s and excavation of surplus course on D/S Of Spillway for a discharge of 50,000C/S including investigation ,Design and Estimation.(Balance work) and pass a 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 to direct the respondents to forthwith consider releasing the amounts Rs. 4,37,71,311/- ( Four Crores Thirty Seven Lakhs, Seventy one Thousand, Three Hundred and Eleven Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass s Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.23693 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 appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 4,37,71,311/- ( Four Crores Thirty Seven Lakhs, Seventy one Thousand, Three Hundred and Eleven Rupees only) , even after finalizing the Part -VIII & IX bills payable to the petitioner in relation to the works i.e. “TGP- Package No.9-Additional work Construction of spillway across kandaleru reservoir on the left flack for a discharge of 50,000c/s and excavation of surplus course on D/S of Spillway for a discharge of 50,000C/S including investigation, Design and Estimation.(Balance work)”….” 2. The petitioner had been awarded the contract for works as per the agreement dated 30.11.2015 by the respondents. The grievance of the petitioner is that, in spite of completion of the aforesaid works, the respondent authorities have not released an amount of Rs.4,37,71,311/- in favour of the petitioner. Challenging which, the present writ petition is filed. 3. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Irrigation and learned Assistant Government Pleader for Finance & Planning representing the respondents. 4. 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 4 VS,J W.P.No.23693 of 2025 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. 5. 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. 6. The 3rd respondent has filed a counter affidavit duly stating that the petitioner executed the work, and the part bills for the amount of Rs.4,37,71,311/- have been prepared and submitted for payment. However, due to the non-allocation of the required budget from the State Government, the payment could not be released. 7. In view of the fact that an amount of Rs.4,37,71,311/- is admitted to be withheld by the respondents, the Writ Petition is disposed of, directing respondents to pay the admitted amount to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 09.12.2025 KGR