APHC010202812024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10618/2024 Between: 1. ESUKAPALLI NAGA RAJU, S/O. NARASIMHA RAJU AGE- 58 YEARS, OCC- CONTRACTOR, D.NO. 4-48, BHYRAVAPATNAM (V), MANDAVALLI (M), ELURU DIST., ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 3. THE ENGINEER IN CHIEF IRRIGATION DEPARTMENT, AMARAVATHI, GUNTUR DIST., 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM., 5. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, ELURU., 6. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, BHIMAVARAM WEST GODAVARI DISTRICT., ...RESPONDENT(S): 2 VS,J W.P.No.10618 of 2024 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 tomay be pleased to issue order or directions, Writ or Writsorders, direction or particularly one in the nature Writ of Mandamous or writ declare the action of theany appropriate respondents in not paying the bills for execution of work vide (1). Agreement No. 17/2023-24 Dt-09-06- 2023, (2). Agreement No.18/2023-24 Dt-09-06-2023 3). Agreement No. 19/2023-24 Dt09-06-2023, 4) Agreement No.20/2023-24 Dt-09-06-2023, (5). Agreement No.21/2023-24 Dt-09-06-2023, (6)Agreement No.22/2023-24 Dt-09-06-2023, (7) Agreement No. 4/2023-24 Dt-27-06-2023, (8) Agreement No.35/2023-24 Dt-27-06-2023 amount of Rs.1,63,28,747/- to the petitioners with 24percent interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) (g). 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6percent interest as held by Divisional Bench of this court in the Writ Appeal No 724 of 2021, and to 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 May be pleased to direct the respondents to release the amount of Rs.1,63,28,747/- towards payment of above final bills for the contract works under taken by the petitioner pending disposal of main writ petitionlong back, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K L N SWAMY 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.10618 of 2024 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 directions, Writ or Writs orders, direction or particularly one in the nature Writ of Mandamus or writ declare the action of the any appropriate respondents in not paying the bills for execution of work vide (1). Agreement No. 17/2023-24 Dt-09-06-2023, (2). Agreement No.18/2023-24 Dt-09-06-2023 3). Agreement No. 19/2023-24 Dt:9-06- 2023, 4) Agreement No.20/2023-24 Dt-09-06-2023, (5). Agreement No.21/2023-24 Dt-09-06-2023, (6)Agreement No.22/2023-24 Dt-09-06- 2023, (7) Agreement No. 34/2023-24 Dt-27-06-2023, (8) Agreement No.35/2023-24 Dt-27-06-2023 total amount of Rs.1,63,28,747/- to the petitioners with 24% interest ….” 2. The petitioner had been awarded the contract for eight works as per the agreements dated 09.06.2023 and 27.06.2023. The grievance of the petitioner is that, in spite of completion of the above said works, the respondent authorities have not released an amount of Rs.1,63,28,747/- 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 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. 4 VS,J W.P.No.10618 of 2024 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. Learned Assistant Government Pleader for Irrigation has furnished a copy of instructions of the Executive Engineer, Drainage Division, Bhimavaram vide Letter No:EE/DD/BVRM/AB/ MC.II/CC’s/1837, dt.15.11.2025, wherein the status of the work bills are mentioned as under as under: S. No. W.P. No. Name of the petitioner Name of the work CFMS BILL NO. GROSS AMOUNT STATUS 1. 10618/ 2024 Sri Esukapalli Naga Raju, Mandavali O & M Estimates for Deweeding by Chemical spraying 1st time and maintaining weed free by manually upto December 2023 M Pandicodu Major drain & minor Drains of Nidamarru (M), (Ag.No.17/20234) -- 1557470 Bill is not uploaded for want of LOC O&M, Estimate for Deweeding by chemical spraying 1st time and maintaining weed free by manual up to December 2023 on major drains i under jurisdiction of drainage section No.03, Elurupadu -- 619952 Bill is not uploaded for want of LOC O&M, Estimate for Deweeding by chemical spraying 1st time and maintaining weed free by manual up to December 2023 on Minor drains under -- 999537 Bill is not uploaded for want of LOC 5 VS,J W.P.No.10618 of 2024 jurisdiction of Drainage Section No.3. Elurupadu O&M, Estimate, Annual Weed free maintenance of Vatluru Major drain and Minor drains under its jurisdiction of Drainage Section, Pedapadu for the year 2023-24 -- 1445953 Bill is not uploaded for want of LOC O&M, Estimate, Annual Weed free maintenance of Ramileru Major drain, Loyeru medium and Minor drains under its jurisdiction of Drainage Section, Pedapadu for the year 2023-24. -- 2247596 Bill is not uploaded for want of LOC O&M, Estimate, Annual Weed free maintenance of Pedapadu Major drain and Minon drains under its jurisdiction of Drainage Section, Pedapadu for the year 2023-24.". -- 1553562 Bill is not uploaded for want of LOC O&M Annual Weed Free maintenance of thokalaplli major drain from KM 4.700 to 24.200 and 4 No.s medium drains and 26 Minor drains for the year 2023-24.(Ag. No.34/202324) -- 1570094 Bill is not uploaded for want of LOC O&M, Estimate, Annual Weed free maintenance of Jalipudi, Shesayyacodu, Kokkirayalanka codu medium drains its jurisdiction of Drainage Section, Eluru for the year 2023-24. -- 2271876 Bill is not uploaded for want of LOC 6 VS,J W.P.No.10618 of 2024 7. In view of the above, since the bills payable to the petitioner are admitted by the respondents, the writ petition is disposed of, directing respondent Nos.2 to 6 to pay the admitted amounts to the petitioner within a period of six (6) months 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: 17.11.2025 KGR