APHC010510402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26437/2024 Between: 1. SRI SRI VIGNESWARA CONSTRUCTIONS, D.NO.25/27, SANJEEVA NAGAR NANDYAL, KURNOOL DISTRICT REP BY ITS MANAGING PARTNER MR.VENNAPUSA SURESH REDDY. 2. VENNAPUSA SURESH REDDY, S/O. V.RAMANJANEYA REDDY AGED ABOUT 38 YEARS, OCC BUSINESS, M/S. SRI SRI VIGNESWARA CONSTRUCTIONS D.NO.25/27, SANJEEVA NAGAR NANDYAL, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY WATER RESOURCES (IRRIGATION) DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 3. THE ENGINEER IN CHIEF ADMN, WATER RESOURCES DEPARTMENT SERVICE ROAD, CURRENCY NAGAR RAMAVARAPPADU RING VIJAYAWADA, A.P. 4. THE SUPERINTENDING ENGINEER, W.R.D., IRRIGATION CIRCLE YSR KADAPA 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 appropriate writ, direction, or der or orders, more particularly one in the nature of Writ of Mandamus in de claring the action on the part of the respondents in not releasing bill payment for the works executed by the petitioner firm i.e. Construction of check dam across Mogameru vagu near Nagur Village in Vempalli (M), YSR Kadapa Dis trict for the value of work of Rs.3,27,72,211/- in respect of the payable part bill amount of Rs. 1,20,19,010.82/- despite the claim for the payment of bill amount is raised vide Token No. 2024-170816 as illegal, arbitrary and viola tive of Article 14 and 21 of the Constitution of India and consequently direct the respondents to release the amount of Rs.1,20,19,010.82/-towards the payment of part bill amount for the works executed by the petitioner firm 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 pleased to direct the re spondents to release the amount of Rs.1,20,19,010.82/- towards the part bill amount for the works executed by the petitioner firm i.e. Construction of check dam across Mogameru vagu near Nagur Village in Vempalli (M), YSR Kadapa District, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. K NAVEEN KUMAR Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue appropriate writ, direction, order or orders more particularly one in the nature of Writ of Mandamus in declaring the action on the part of the respondents in not releasing bill payment for the works executed by the petitioner firm i.e., Construction of check dam across Mogameru vagu near Nagur Village in Vempalli Mandal, YSR Kadapa District for the value of work of Rs.3,27,72,211/- in respect of the payable part bill amount of Rs.1,20,19,010.82/- despite the claim for the payment of bill amount is raised vide Token No.2024-170816 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release the amount of Rs.1,20,19,010.82/- towards the payment of part bill amount for the works executed by the petitioner firm and to pass…” 2. The petitioner had been awarded the contract for Construction of check dam across Mogameru vagu near Nagur Village in Vempalli Mandal, YSR Kadapa District by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate dated 15.02.2024, to a tune of Rs.91,67,907/-. 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. 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 on oral instructions submitted that, since 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 amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.91,67,907/-. 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 amount to the petitioner in accordance with the quality control certificate dated15.02.2024, issued by the respondents within a period of five (05) 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 payment of interest upon any amount which is due and payable, the same is binding upon both the parties. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 14.10.2025 SRT 225 THE HONOURABLE SMT.JUSTICE V.SUJATHA W.P.No.26437 of 2024 Date: 14.10.2025 SRT