APHC010581722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30555/2024 Between: 1. SWATHI ENGINEERING CONSTRUCTIONS, REP. BY ITS PROIPRIETOR S.VENUGOPAL REDDY R/O MAIN ROAD, MACHAVARAM VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT, 523105. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, ONGOLE, PRAKASAM DISTRICT. 3. EXECUTIVE ENGINEER, Q. C. DIVISION ONGOLE, PRAKASAM DISTRICT. 4. DEPUTY EXECUTIVE ENGINEER, ONGOLE, PRAKASAM DISTRICT. 5. ASSISTANT EXECUTIVE ENGINEER, ONGOLE, PRAKASAM DISTRICT. 2 VS,J W.P.NO.30555 OF 2024 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR 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 a writ of mandamus any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed amounts payable to the petitioner in respect of work i.e. Repair Renovation and Restoration of water bodies of Chevuru tank of Chevuru village in Gudluru Mandal, Prakasam District as illegal arbitrary and contrary to the principles of natural justice and consequently direct the respondents to pay undisputed amount of Rs. 58,45,462/- payable to the petitioner in respect of execution of subject work, with an interest @ 12 percent p.a. from the date of accepting the bills forthwith and pass 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 pleased to direct the respondents to pay undisputed amounts of 58,45,462/- payable to the petitioner in respect of work i.e. Repair Renovation and Restoration of water bodies of Chevuru tank of Chevuru village in Gudluru Mandal, Prakasam District, with an interest @ 12 % p.a. from the date of accepting the bills forthwith pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. GRANDHI PRIYANKA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 3 VS,J W.P.NO.30555 OF 2024 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.30555 OF 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a writ of mandamus any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed amounts payable to the petitioner in respect of work i.e. Repair Renovation and Restoration of water bodies of Chevuru tank of Chevuru village in Gudluru Mandal, Prakasam District as illegal, arbitrary and contrary to the principles of natural justice and consequently direct the respondents to pay undisputed amount of Rs. 58,45,462/- payable to the petitioner in respect of execution of subject work, with an interest @ 12 percent p.a. from the date of accepting the bills forthwith...” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificates to a tune of Rs.37,45,667/- and Rs.21,42,174/- respectively. 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 5 VS,J W.P.NO.30555 OF 2024 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. 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 placed 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, admitted the amount payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.37,45,667/- and Rs.21,42,174/- respectively. 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 the respondents to release the amount to the petitioner in accordance 6 VS,J W.P.NO.30555 OF 2024 with the quality control certificates dated 30.05.2024 and 26.10.2021 issued by the respondents within a period of five (05) 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. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :29.10.2025 LSP 7 VS,J W.P.NO.30555 OF 2024 166 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30555/2024 29.10.2025 LSP