APHC010446312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23915/2025 Between: 1. UDAYAM CONSTRUCTIONS, REP. BY ITS PROPRITOR, ATIURI UMA MAHESWARA RAO, S/O. ATIURI PRERR BABU, AGED ABOUT 34 YEARS, R/O. D.NO. 1-151, GUDIVASA ROAD, NIDUMOLU (V), MOVVA (M), KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION CAD WATER RESOURCES RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VEIAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VEIAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3 3. THE COMMISSIONER, . COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT. 4. 4. THE DISTRICT COLLECTOR, (IRRIGATION WING) BHIMAVARAM, WEST GODAVARI DISTRICT. 2 VS,J W.P.No.23915 of 2025 5. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 6. THE SUPERINTENDING ENGINEER, IRRIGATION WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, BHIMAVARAM, WEST GODAVARI DISTRICT. 7. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION, BHIMVARAM, WEST GODAVARI. ...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 declare the inaction on part of the respondents herein not releasing the total final bills amount worth of Rs. 40,22,787/-, i) vide its CFMS No. 2025-805670 and Agreement No. 02/2025-26, Dt04.04.2025 for an amount of Rs. 20,92,133/- with interest of execution of work Restoration of Irrigation System for effective Water Regulation including Monitoring and Management on Gunupudi South Major Drain from Km. 8.900 to Km. 19.330 under the Jurisdiction of Drainage Section No. 4, Chinnagollapalem and ii) vide its CFMS No. 2025-805670 and Agreement No. 03/2025-26, Dt04.04.2025 for an amount of Rs. 19,30,654/- with interest of execution of work Restoration of Irrigation System for effective Water Regulation including Monitoring and Management Uppucodu medium Drain from Km. 0.00 to Km. 2.900 under Drainage Section No. 2, Bhimavaram under Water Resource 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 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 40,22,787/- for execution of completion of works under Water Resources Department as per agreement, to the petitioner forthwith, and pass IA NO: 1 OF 2025 3 VS,J W.P.No.23915 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 tc. direct the respondents releasing the Final Bills of total amount worth of Rs. 40,22,787/-, for execution of completion of works under Water Resources Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition pending disposal of the above writ petition and pass 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: 4 VS,J W.P.No.23915 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23915/2025 ORDER: 1. The petitioner had been awarded the execution of works under the Irrigation department. After execution of the said contract, a final bill was prepared for a sum of 19,00,903/- and Rs.17,54,183/- as per the sanctioned orders confirming the same, respondents also issued quality control certificates dated 05.06.2025 to a tune of Rs.19,00,903/- and Rs.17,54,183/- respectively. 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. 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 for Irrigation as well as Finance & Planning, on oral instructions, has stated that, since 5 VS,J W.P.No.23915 of 2025 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 amounts payable to the petitioner as per the quality control certificates dated 05.06.2025 to a tune of Rs.19,00,903/- and Rs.17,54,183/- respectively. 5. 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 admitted amounts to the petitioner in accordance with the quality control certificates dated 05.06.2025 issued by the respondents within a period of four (04) months from the date of receipt of a copy of this order. 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. There shall be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________ JUSTICE V.SUJATHA Dt:07.10.2025 JLV 6 VS,J W.P.No.23915 of 2025 55 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23915/2025 Dt:07.10.2025 JLV