1 APHC010292792024 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: 14734/2024 Between: 1. M/S. PLR PROJECTS PRIVATE LTD.,, REP. BY ITS MANAGING DIRECTOR C. CHANDRASEKHAR REDDY, S/O. LATE VENKATA SUBBA REDDY, AGED ABOUT 57 YEARS, OCC CONTRACTOR, R/O. SURVEY NO. 12 (PART). PLOT NO. 2-91/12/AI/AM/G-L, 5TH FLOOR, ASTRA TOWERS, KOTHAGUDA POST, KONDAPUR, HITECH CITY, HYDERABAD.- 500 084 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT (W.R.D), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE CHIEF ENGINEER PROJECTS, WRD, KADAPA. 3. THE SUPERINTENDING ENGINEER, SKD GNSS PROJECT CIRCLE, KADAPA. 4. THE EXECUTIVE ENGINEER, W.R. DEPARTMENT, KADAPA DIVISION, KADAPA. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 6. ASSISTANT PAY AND ACCOUNTS OFFICER, ,KADAPA 2 ...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 may be pleased declaring the action of the Respondents in withholding the 5th and Part payment of the amount of Rs. 35,00,000 /- (CFMS No. 2023-1907872) even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Improvements and Providing lining to GNSS Main Canal from Km.32.640/34.092 to Km.56.000 in YSR District, vide Agreement No. 52SE/2021-2022, Dt.30.12.2021, is questioned, as the same is illegal and arbitraiy and consequently direct the respondents to consider payment of the amount of Rs. 35,00,000 /- (CFMS No 2023-1907872) with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such IA NO: 1 OF 2024 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 may please to direct the respondents to consider the payment of the amount of Rs. 35,00,000 /- (CFMS No.: 2023-1907872) even after finalizing the bills, payable to the petitioner in relation to the work i.e., “ Improvements and Providing lining to GNSS Main Canal from Km.32.640/34.092 to Km.56.000 in YSR District.”, vide Agreement No. : 52SE/2021-2022 , Dt.30.12.2021, forthwith, pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to may be pleased declaring the action of the Respondents in withholding the 5th and Part payment of the amount of Rs. 35,00,000 /- (CFMS No. 2023-1907872) even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Improvements and Providing lining to GNSS Main Canal from Km.32.640/34.092 to Km.56.000 in YSR District, vide Agreement No. 52SE/2021-2022, Dt.30.12.2021, is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider payment of the amount of Rs. 35,00,000 /- (CFMS No 2023- 1907872) with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such….” 2. The petitioner had been awarded the contract work improving and providing lining to GNSS main canal from Km.32.640/34.092 to Km.56.000 in YSR Kadapa district, by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate dated 14.11.2023 to a tune of Rs.5,76,07,764.97/-. After deductions, the petitioner became entitled for payment of an amount of Rs.35,00,000/-. 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 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 for Irrigation, on oral instructions has submitted 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, admitted the amount payable to the petitioner to a tune of Rs.35,00,000/-. 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, this Writ Petition is disposed of with a direction to the respondents to release the amount payable to the petitioner i.e. Rs.35,00,000/- within a period of three (03) 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. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date:07.10.2025. Gss