APHC010513522025 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: 27746/2025 Between: 1. SUDHAKARAINFOTECH PVT LTD, HYDERABAD, REP BY ITS MANAGING PARTNER, SRI. A. SUDHAKARA REDDY, FLAT NO. 304, METRO RESIDENCY, RAJBHAVAN ROAD SOMAJIGUDA, HYDERABAD-500082. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, A.P. SECREARIAT, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, WATER RESOURCES(L AND CAD) DEPARTMENT,, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE PROJECT DIRECTOR, SRI KRISHNA DEVARAYA GROUNDNUT AND NADINALA SAMARDHANA (SKD GNSS) PROJECT, KADAPA DISTRICT, ANDHRA PRADESH. 4. THE DISTRICT COLLECTOR, KADAPA DISTRICT, ANDHRA PRADESH. 5. THE CHIEF ENGINEER, (PROJECTS), WATER RESOURCES DEPARTMENT, SKD GNSS PROJECT CIRCLE, KADAPA DISTRICT, ANDHRA PRADESH. 2 VS, J W.P.No.27746 of 2025 6. THE SUPERINTENDING ENGINEER, SKD GNSS PROJECT CIRCLE, KADAPA YSR KADAPA DISTRICT, ANDHRA PRADESH-516004. 7. THE EXECUTIVE ENGINEER, SKD GNSS DIVISION,KADAPA DISTRICT, ANDHRA PRADESH. 8. THE ASSISTANT EXECUTIVE ENGINEER, SKD GNSS DIVISION-4, MUDDANUR, KADAPA DISTRICT, ANDHRA PRADESH. 9. THE DEPUTY EXECUTIVE ENGINEER, SKD GNSS DIVISION-4, MUDDANUR, KADAPA DISTRICT, ANDHRA PRADESH. ...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, order or Direction more particularly one in the nature of writ of Mandamus directing the respondent authorities to deposit the amount of Rs.98,28,161/-(Rupees Ninety Eight Lakhs-Twenty Eight Thousand-One Hundred and Sixty One)along with the interest of 18 percentage per annum from the date of execution of the work for the work executed for Rs.98,28,161/-(Rupees Ninety Eight Lakhs-Twenty Eight Thousand-One Hundred and Sixty One)wherein an dministrative sanction was issued through Procdgs. No. C/ R and R/37/2020, dated 09.09.2020in respect of an Agreement vide its No.40SE/2021-22, dated 21.11.2020, despite the same was entered in the M-Book vide its No.428 R and R to the account of the Petitioner as per the entitlements to enable the petitioner to get the same to his account by the authorities and pass such other order or orders may deem fit and proper in the circumstances of the case as the non-payment of the amounts despite execution of works is nothing but infringement of Fundamental rights guaranteed under Article 14, 19, 21 and the Right to Property under Article 300-A of the Constitution of India, 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 pass an interim order directing the respondent authorities to release the amount of Rs.98,28,161/-(Rupees Ninety Eight Lakes-Twenty Eight Thousand-One Hundred and Sixty One) along with the interest of 18 percentage per annum from the date of execution of the work to the account 3 VS, J W.P.No.27746 of 2025 of the petitioner as per the entitlements for the works executed in Kadapa District until pending disposal of the above writ petition and to pass. Counsel for the Petitioner: 1. MARUPILLI SARADA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS, J W.P.No.27746 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue writ, order or Direction more particularly one in the nature of writ of Mandamus directing the respondent authorities to deposit the amount of Rs.98,28,161/-(Rupees Ninety Eight Lakhs-Twenty Eight Thousand-One Hundred and Sixty One)along with the interest of 18 percentage ….” 2. The petitioner had been awarded the contract of work i.e., “Formation of Cement Concret Roads & Cement Concrete Drains for Thallaproddutur Village, R& R Centre (Block-C) in Kondapuram Mandal for the displaced families under the submergence of Gandikota Reservior in YSR Kadapa District” vide Agreement No.40SE/2021-22, dated 21.11.2020 by the respondents. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 31.01.2023 for a sum of Rs.93,58,123/-. 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 petitioner contends that such non- payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 5 VS, J W.P.No.27746 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. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate i.e., dated 31.01.2023 for a sum of Rs.93,58,123/-. 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. Though the petitioner claims to be entitled to Rs.98,28,161/-, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificate issued by the respondents dated 31.01.2023 for a sum of Rs.93,58,123/-. 7. 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 amounts to the petitioner in accordance with the quality control certificate i.e., 31.01.2023 for a sum of Rs.93,58,123/- issued by the respondents, within a period of five (05) 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 6 VS, J W.P.No.27746 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 CAB/KGR