APHC010584852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30852/2025 Between: 1. SVS EARTH MOVERS AND ENGINEERS, REP. BY ITS PROPRIETOR, SRI MOCHARLA MADHU, MITTAPALEM, EDURU VILLAGE, T.P GUDUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, SPSR NELLORE DISTRICT, NELLORE. 4. THE EXECUTIVE ENGINEER, WRD, NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE 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 any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non- 2 VS,J W.P.No.30852 of 2025 payment of the final bill amounts to a tune of Rs.4,55,083/- for the work covered under Agreement No.200 0andM/DN/2020-21 Dated 19-10- 2020 even after issuance of Quality Certificate and Work Completion Certificate in 2020/21 itself as illegal, arbitrary and consequently direct the respondents to pay the bill amounts to a tune of Rs.4,55,083/- along with END, FSD, GST and other Security Deposits without any further delay in the interests of justice and to 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 release amounts to a tune of Rs.4,55,083/- towards the final bill amounts for the works covered under Agreement No.200 0andM/DN/2020-21 Dated 19-10-2020, pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1. DHARANI KUMAR B Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 3 VS,J W.P.No.30852 of 2025 The Court made the following order: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of the final bill amounts to a tune of Rs.4,55,083/- for the work covered under Agreement No.200 0andM/DN/2020-21 Dated 19-10- 2020 even after issuance of Quality Certificate and Work Completion Certificate in 2020/21 itself as illegal, arbitrary and consequently direct the respondents to pay the bill amounts to a tune of Rs.4,55,083/- along with END, FSD, GST and other Security Deposits without any further delay in the interests of justice and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. The petitioner had been awarded the contract of work as per the agreement dated 19.10.2020 by the 4th respondent. After execution of the aforementioned contract works, the respondents issued quality control certificate dated 28.05.2021 for a sum of Rs.4, 33,922/-. 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 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 VS,J W.P.No.30852 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 Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificate dated 28.05.2021 for a sum of Rs.4, 33,922/-. 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 bills 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 28.05.2021 for a sum of Rs.4, 33,922 issued by the respondents, within a period of two (2) 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 5 VS,J W.P.No.30852 of 2025 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: 17.11.2025 MH/JAK 6 VS,J W.P.No.30852 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA 26 WRIT PETITION NO: 30852/2025 Date: 17.11.2025 MH/JAK