APHC010593082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31042/2025 Between: 1. KOVVURI VENKATA REDDY,, S/O. NARAYANA REDDY AGED ABOUT 51 YEARS,D.NO.3-122, CHINTHALAMMA GUDI VEEDHI PASALAPUDI, RAYAVARAMMANDALAM EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, A.P.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, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTIRCT COLLECTOR, DR. B. R. AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM 4. THE EXECUTIVE ENGINEER, GODAVARI DIVISION RAMACHANDRAPURAM 5. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES SUB- DIVISION RAMACHANDRAPURAM 6. THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES SECTION RAMACHANDRAPURAM ...RESPONDENT(S): -2- W.P. No.31042 of 2025 Date of order:25.11.2025 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 Writ of Mandamus declaring the action of the Respondents in withholding the admitted bill amount viz., for Removal of weed growth in Between 18-700 to 32.180 of Mandapeta canal in irrigiation section Ramachadrapuram as per the agreement vide Agreement Nol 01/2023-24 dated 20-09-2023 for an amount of Rs.2,68,205 /- as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith consider for payment of the cumulative total amount of Rs. 2,68,205 /- with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith in terms of Agreement for Removal of weed growth in Between 18-700 to 32.180 of Mandapeta canal in irregiation section Ramachadrapuram 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 please direct the respondents to fortiiwith consider for payment of Rs. 2,68,205/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned works fo'thv/ith in terms of Agreement for Removal of weed growth in Between 18-700 to 32.180 of Mandapeta canal in rregiation section Ramachadrapuram as per the agreement vide Agreement No. 101/2023-24 dated 20-09-2023 for an amount of Rs.2,68,205 /- pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. B.SUDHAKAR KUMAR Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: -3- W.P. No.31042 of 2025 Date of order:25.11.2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31042/2025 ORDER: 1. The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…Writ, Order or direction more particularly one in the nature of Writ of Mandamus Writ of Mandamus declaring the action of the Respondents in withholding the admitted bill amount viz., for Removal of weed growth in Between 18-700 to 32.180 of Mandapeta canal in irrigation section Ramachadrapuram as per the agreement vide Agreement No101/2023-24 dated 20- 09-2023 for an amount of Rs.2,68,205 /- as illegal, arbitrary and violative of Article 14 & 21 of the Constitution of India and consequently direct the respondents to forthwith consider for payment of the cumulative total amount of Rs.2,68,205/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith in terms of Agreement for "Removal of weed growth in between 18-700 to 32.180 of Mandapeta canal in irrigation section Ramachadrapuram and pass such other or further orders…” 2. The petitioner had been awarded the contract of work i.e., removal of weed growth in between 18-700 to 32.180 of Mandapeta canal in irrigation section, Ramachandrapuram, vide agreement No.101/2023- 24, dt.20.09.2023, for an amount of Rs.2,68,205/- by the respondents. -4- W.P. No.31042 of 2025 Date of order:25.11.2025 After execution of the aforementioned contract work, the respondents issued the work completion certificate. 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 amount, no payment is being made. The learned counsel submits 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. The learned Assistant Government Pleader has furnished instructions vide Letter No.EE/GE.Divn./RCPM/CB/IC2/1136 M, dt.10.11.2025, wherein it is admitted that “an amount of Rs.2,68,205/- is due payable to the petitioner and that the bill is pending for want of release of LOC” 6. 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, the writ petition is disposed of with a direction to the respondents to release the amounts to the petitioner, within a period of two (02) months from the date of receipt of a copy of this order. -5- W.P. No.31042 of 2025 Date of order:25.11.2025 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. There shall be no order as to costs. 8. Accordingly, the writ petition is disposed of. No costs. 9. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE V.SUJATHA BV