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2025 DAILYLAW 52784 (AP)

NUNE MADHU VENKATA NAGIREDDY v. THE STATE OF AP

WP/27704/2025 · 2025-12-21

V Sujatha

body2025

Judgment text

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APHC010533892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27704/2025 Between: 1. NUNE MADHU VENKATA NAGIREDDY, S/O NUNE APPI REDDY, AGED ABOUT 28 YEARS, CONTRACTOR, D.NO 1-50, REDIA BAZAR, OBULAPURAM, NARUKULLAPADU VILLAGE, TOLUKODU POST, NTR DISTRICT- 521230 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH 3. THE DISTRICT COLLECTOR IRRIGATION WING, VIJAYAWADA, NTR DISTRICT. 4. THE SUPERINTENDING ENGINEER, PPC CIRCLE VISSANNAPETA, 5. THE EXECUTIVE ENGINEER, NSLBC O AND M DIVISION, NUZVID, NTR DISTRICT. 6. THE PAY AND ACCOUNT OFFICER, WORKS AND PROJECTS, ELURU. 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 topleased to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not paying the amount of Rs. Rs.9,97,731/- (Rupees Nine lakh Ninety- seven thousand seven hundred and thirty-one only) with interest due to the Petitioner under contractual work executed by him, as illegal, arbitrary, unjust, contrary to the principles of natural justice and violation of the fundamental rights guaranteed under Article 14, 21 and consequently direct the Respondents to pay the amount of Rs.9,97,731/- (Rupees Nine lakh Ninety- seven thousand seven hundred and thirty-one only) along with interest per annum due to the Petitioner under contractual work executed by him within the limits of 5th Respondent 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 repay the amount of Rs.9,97,731/- (Rupees Nine lakh Ninety-seven thousand seven hundred and thirty-one only) due to the Petitioner under contractual work executed by him and pass Counsel for the Petitioner: 1. N V MOHANA RAO Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 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 a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not paying the amount of Rs. Rs.9,97,731/- (Rupees Nine lakh Ninety-seven thousand seven hundred and thirty-one only) with interest due to the Petitioner under contractual work executed by him, as illegal, arbitrary, unjust, contrary to the principles of natural justice and violation of the fundamental rights guaranteed under Article 14, 21 and consequently direct the Respondents to pay the amount of Rs.9,97,731/- (Rupees Nine lakh Ninety-seven thousand seven hundred and thirty-one only) along with interest per annum due to the Petitioner under contractual work executed by him within the limits of 5th Respondent and pass. 2. The petitioner had been awarded a contract of work as per the agreements date 10.10.2022 by the Irrigation Department. After execution of the aforementioned contract work, though the petitioner claims an amount of Rs.9,97,731/-, the respondents issued Quality Control Certificate dated 10.03.2023 to a tune of Rs.9,24,624/-. 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- 4 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 Certificate dated 10.03.2023 to a tune of Rs.9,24,624/-. 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 Quality Control Certificate dated 10.03.2023 to a tune of Rs.9,24,624/- issued by the respondents, within a period of two (2) months from the date of receipt of a copy of this order. 5 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: 22.12.2025 MH 6 THE HONOURABLE SMT JUSTICE V.SUJATHA 71 WRIT PETITION NO: 27704/2025 Date: 22.12.2025 MH