APHC010486352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25739/2025 Between: 1. KANDA NARASIMHA RAO, , S/O. VENKATA SUBBA RAO, AGED ABOUT 45 YEARS, OCC CONTRACTOR, R/O. D.NO.65-3-13, MEHAR NAGAR, OPPOSITE VAMSI APARTMENTS, KAKINADA, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR IRRIGATION WING, KAKINADA, KAKINADA DISTRICT. 4. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT IRRIGATION CIRCLE, DOWLESWARAM, EAST GODAVARI DISTRICT. 2 VS,J W.P.No.25739 of 2025 6. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRINAGE DIVISION, KAKINADA, KAKINADA DISTRICT. 7. THE PAY AND ACCOUNT OFFICER WORKS AND PROJECTS, DIRECTOR OF ACCOUNTS DEPT, VIJAYAWADA, KRISHNA 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 19,01,719/- plus 18percent G.S.T, 1) Rs.4,66,242/- in respect of irrigation work vide Quality Control Certificate No.58439, dated 24.04.2024, and its Agreement No.94/2023-24, dated 27.12.2023, and its M. Book No. 2495 A, 2) Rs.3,32,419/- in respect of irrigation work vide Quality Control Certificate No.59679, dated 26.04.2024, and its Agreement No.95/2023-24, and its M. Book No. 2296 A, 3) Rs.4,60,192/- in respect of irrigation work vide Quality Control Certificate No.58437, dated 19.04.2024, and its Agreement No.96/2023-24, dated 27.12.2023, 4) Rs.6,42,866/- in respect of irrigation work vide Quality Control Certificate No.59680, dated 20.04.2024, and its Agreement No.97/2023-24, under Water Resources Department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 19,01,719/- for execution of completion of Water Resources works under Irrigation Department as per agreement to the petitioner forthwith till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 19,01,719/- for execution of completion of Water Resources works under Irrigation Department as per agreement to the petitioner forthwith 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 3 VS,J W.P.No.25739 of 2025 pleased to direct the respondents releasing the Final Bill amount of Rs. 19,01,719/- + 18% G.S.T, 1) Rs.4,66,242/- in respect of irrigation work vide Quality Control Certificate No.58439, dated 24.04.2024, 2) Rs.3,32,419/- in respect of irrigation work vide Quality Control Certificate No.59679, dated 26.04.2024, 3) Rs.4,60,192/- in respect of irrigation work vide Quality Control Certificate No.58437, dated 19.04.2024, 4) Rs.6,42,866/- in respect of irrigation work vide Quality Control Certificate No.59680, dated 20.04.2024, under Water Resources Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition Counsel for the Petitioner: 1. KANDULA KALYANA RAGHUVEER 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.25739 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.19,01,719/- plus 18% G.S.T., 1) Rs.4,66,242/- in respect of irrigation work vide Quality Control Certificate No.58439, dated 24.04.2024, and its Agreement No.94/2023-24, dated 27.12.2023, and its M. Book No. 2495 A, 2) Rs.3,32,419/- in respect of irrigation work vide Quality Control Certificate No.59679, dated 26.04.2024, and its Agreement No.95/2023- 24, and its M. Book No. 2296 A, 3) Rs.4,60,192/- in respect of irrigation work vide Quality Control Certificate No.58437, dated 19.04.2024, and its Agreement No.96/2023-24, dated 27.12.2023, 4) Rs.6,42,866/- in respect of irrigation work vide Quality Control Certificate No.59680, dated 20.04.2024, and its Agreement No.97/2023-24, under Water Resources Department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.19,01,719/- for execution of completion of Water Resources works under Irrigation Department as per agreement to the petitioner forthwith till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.19,01,719/- for execution of completion of Water Resources works under Irrigation Department as per agreement to the petitioner forthwith….” 2. The petitioner had been awarded the contract of four works as per the agreements dated 27.12.2024 by the Irrigation Department. After execution of 5 VS,J W.P.No.25739 of 2025 the aforementioned contract works, the respondents issued four quality control certificates i.e., dated 19.04.2024 for a sum of Rs.4,66,242/-, dated 26.04.2024 for a sum of Rs.3,32,419/-, dated 19.04.2024 for a sum of Rs.4,60,192/- and dated 20.04.2024 for a sum of Rs.6,42,866/-. 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. 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 certificates i.e., dated 19.04.2024 for a sum of Rs.4,66,242/-, dated 26.04.2024 for a sum of Rs.3,32,419/-, dated 19.04.2024 for a sum of Rs.4,60,192/- and dated 20.04.2024 for a sum of Rs.6,42,866/-. 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 VS,J W.P.No.25739 of 2025 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 certificates i.e., dated 19.04.2024 for a sum of Rs.4,66,242/-, dated 26.04.2024 for a sum of Rs.3,32,419/-, dated 19.04.2024 for a sum of Rs.4,60,192/- and dated 20.04.2024 for a sum of Rs.6,42,866/- issued by the respondents, within a period of three (3) 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 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: 14.10.2025 KGR