APHC010690592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35619/2025 Between: 1. BANDLA MADHU, S/O. SUBBARAO AGED 51 YEARS, OCC CONTRACTOR R/O. KOTHAPALEM VILLAGE, HAMLET OF PAVULURU, INKOLLU MANDAL, PRAKASAM DISTRICT-523167 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER. RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE ENGINEER IN CHIEF IRRIGATION WATER RESOURCES DEPARTMENT, NEAR P.W.D. GROUNDS, - VIJAYAWADA 4. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, GUNTUR, GUNTUR DISTRICT. 5. THE EXECUTIVE ENGINEER, K.W. DIVISION, TENALI. 6. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, GUNTUR. 2 VS,J W.P.NO.35619 OF 2025 ...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 a Writ or Order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in non- payment of bills payable to the petitioner to a tune of Rs. 6,87,834/- (Rupees Six Lakhs Eighty-Seven Thousand Eight Hundred and Thirty-Four Only) for the work done pertaining to Repairs to Shutters of High Channel Head Sluice at Km 10.530 of K.W. Main Canal of Technical Sanctioned amount Rs. 8.10 Lakhs as illegal, arbitrary, unreasonable and against the Articles 14 and 21 of the Constitution of India, 1949 and consequently direct the respondents to pay the bill amount of Rs. 6,87,834/- (Rupees Six Lakhs Eighty-Seven Thousand Eight Hundred and Thirty- Four Only), for the work executed by the petitioner and pass 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 pleased to direct the respondents to consider the representation of the petitioner, dated 25/11/2025, and to release the withholding bill amount payable to the petitioner to a tune of Rs. 6,87,834/- (Rupees Six Lakhs Eighty-Seven Thousand Eight Hundred and Thirty-Four Only), pending disposal of the writ petition and pass Counsel for the Petitioner: 1. KILARU NITHIN KRISHNA 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.35619 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35619/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a Writ or Order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in non-payment of bills payable to the petitioner to a tune of Rs.6,87,834/- (Rupees Six Lakhs Eighty-Seven Thousand Eight Hundred and Thirty-Four Only) for the work done pertaining to Repairs to Shutters of High Channel Head Sluice at Km 10.530 of K.W. Main Canal of Technical Sanctioned amount Rs.8.10 Lakhs as illegal, arbitrary, unreasonable and against the Articles 14 and 21 of the Constitution of India, 1949 and consequently direct the respondents to pay the bill amount of Rs.6,87,834/- (Rupees Six Lakhs Eighty-Seven Thousand Eight Hundred and Thirty- Four Only), for the work executed by the petitioner.” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said works, the respondents issued quality control certificate dated 14.10.2025 to a tune of Rs.6,87,834/-. 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. 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 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.35619 OF 2025 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 Government Pleader on oral instructions stated 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, the learned Government Pleader fairly admitted the amount payable to the petitioner as per the quality control certificate dated 14.10.2025 to a tune of Rs.6,87,834/-. 6. 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 respondent Nos.2 to 6 to release the amount to the petitioner in accordance with the quality control certificate dated 14.10.2025 issued by them within a period of two (02) months from the date of receipt of a copy of this order. No costs. 7. 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. 5 VS,J W.P.NO.35619 OF 2025 Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :31.12.2025 JLV 6 VS,J W.P.NO.35619 OF 2025 142 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35619/2025 Dt.31.12.2025 JLV