APHC010467772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25044/2025 Between: 1. K KRISHNA PRASAD, S/O. VENKATESWARA RAO, AGED 32 YEARS, OCC CONTRACTOR R/O. D.NO.9/779, NIZAMPETA, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR IRRIGATION WING, DR. B.R.AMBEDKAR KONASEEMA DISTRICT 4. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT 5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, DOWLESWARAM, GODAVARI EASTERN DIVISION, EAST GODAVARI DISTRICT 2 6. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, DR. B.R.AMBEDKAR KONASEEMA DISTRICT 7. THE MANAGING DIRECTOR, APSDMA(ANDHRA PRADESH STATE DISASTER MANAGEMENT AUTHORITY) KUNCHANAPALLI, 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 to declare the inaction on the part of the respondents herein in not releasing the final bill amount worth of Rs.11,92,388/- + 18% G.S.T i.e., 1) Rs.3,01,715/- in respect of irrigation work vide, Quality Control Certificate No.58695 dated 20.03.2025, and its Agreement No.121 D/2024-25, dated 22.01.2025, with interest of execution of completion of works Restoration of Irrigation System for effective Water Regulation including Monitoring and management for injaram canal in between km 35.50 to 38.00 km in Draksharama section in G.E. Delta 2) Rs.2,91,751/- in respect of irrigation work vide Quality Control Certificate No.58696, dated 20.03.2025, and its Agreement No.122 D/2024-25, dated 22.01.2025, with interest of execution of completion of works Restoration of Irrigation System for effective Water Regulation including Monitoring and management for injaram canal in between km 43.00 to 46.00 km in Draksharama section in G.E. Delta 3) Rs.3,00,244/-, in respect of irrigation work vide Quality Control Certificate No.58697 dated 20.03.2025, and its Agreement No. 123 D/2024-25, dated 22.01.2025, with interest, of execution of completion of works Restoration of Irrigation System for effective Water Regulation including Monitoring and management for injaram canal in between km 46.50 to 49.00 km in Draksharama section in G.E. Delta 4) Rs.2,98,678/-, in respect of irrigation work vide Quality Control Certificate No.58775, dated 20.03.2025, and its Agreement No.124 D/2024-25, dated 22.01.2025, with interest of execution of completion of works Restoration of Irrigation System for effective Water Regulation including Monitoring and management for injaram canal in between km 49.50 to 52.00 km in Draksharama section in G.E. Delta under Water Resources 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 Articles 14, 16 and 21 of the Constitution of India and 3 consequentially, to direct the respondents to release the final bills of total amount worth of Rs.11,92,388/- + 18% G.S.T, for execution of completion of Water Resources works under Irrigation Department as per agreement to the petitioner forthwith. 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 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 orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ to declare the inaction on the part of the respondents herein in not releasing the final bill amount worth of Rs.11,92,388/- + 18% G.S.T i.e., 1) Rs.3,01,715/- in respect of irrigation work vide, Quality Control Certificate No.58695 dated 20.03.2025, and its Agreement No.121 D/2024-25, dated 22.01.2025, with interest of execution of completion of works Restoration of Irrigation System for effective Water Regulation including Monitoring and management for injaram canal in between km 35.50 to 38.00 km in Draksharama section in G.E. Delta 2) Rs.2,91,751/- in respect of irrigation work vide Quality Control Certificate No.58696, dated 20.03.2025, and its Agreement No.122 D/2024-25, dated 22.01.2025, with interest of execution of completion of works Restoration of Irrigation System for effective Water Regulation including Monitoring and management for injaram canal in between km 43.00 to 46.00 km in Draksharama section in G.E. Delta 3) Rs.3,00,244/-, in respect of irrigation work vide Quality Control Certificate No.58697 dated 20.03.2025, and its Agreement No. 123 D/2024-25, dated 22.01.2025, with interest, of execution of completion of works Restoration of Irrigation System for effective Water Regulation including Monitoring and management for injaram canal in between km 46.50 to 49.00 km in Draksharama section in G.E. Delta 4) Rs.2,98,678/-, in 5 respect of irrigation work vide Quality Control Certificate No.58775, dated 20.03.2025, and its Agreement No.124 D/2024-25, dated 22.01.2025, with interest of execution of completion of works Restoration of Irrigation System for effective Water Regulation including Monitoring and management for injaram canal in between km 49.50 to 52.00 km in Draksharama section in G.E. Delta under Water Resources 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 Articles 14, 16 and 21 of the Constitution of India and consequentially, to direct the respondents to release the final bills of total amount worth of Rs.11,92,388/- + 18% G.S.T, for execution of completion of Water Resources works under Irrigation Department as per agreement to the petitioner forthwith….” 2. The petitioner had been awarded contract of four works as per four agreements, dated 22.01.2025 by the 6th respondent. After execution of the aforementioned contract works, the respondents issued Quality Control Certificate i.e., dated 20.03.2025 for a sum of Rs.3,01,715/-, dated 20.03.2025 for a sum of Rs.2,91,751/-, dated 20.03.2025 for a sum of Rs.3,00,244/- and dated 20.03.2025 for a sum of Rs.2,98,678/-. 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. 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 6 amount, 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. 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 Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificates, dated 20.03.2025 for a sum of Rs.3,01,715/-, dated 20.03.2025 for a sum of Rs.2,91,751/-, dated 20.03.2025 for a sum of Rs.3,00,244/- and dated 20.03.2025 for a sum of Rs.2,98,678/-. He further submits 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 bill amounts will be paid to the petitioner. 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 7. 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 amounts to the petitioner in accordance with the quality control certificate, dated 20.03.2025 for a sum of 7 Rs.3,01,715/-, dated 20.03.2025 for a sum of Rs.2,91,751/-, dated 20.03.2025 for a sum of Rs.3,00,244/- and dated 20.03.2025 for a sum of Rs.2,98,678/-, issued by the respondents, within a period of four (4) months from the date of receipt of a copy of this order. 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. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 06.10.2025 ARB 8 HON’BLE SMT JUSTICE V.SUJATHA Writ Petition No.25044 of 2025 Date: 06.10.2025 ARB