APHC010404902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20888/2025 Between: 1. M/S.SREE SRINIVASA DEVELOERS,, REP.BY. MANAGING DIRECTOR, PAMMI VENKATA REDDY, S/O.JAYA RAMI REDDY R/O. 7-120A, NEKARIKALLU MANDAL CHALLAGUNDIA, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT BUILDING, VELAGAPUDI AMARAVATHI,GUNTUR. 2. THE EXECUTIVE ENGINEER, DEPARTMENT OF IRRIGATION, IRRIGATION DIVISION, GUNTUR,GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, 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 to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the part II payments of pending amounts of Rs. 70,68,041/- (Seventy Lakhs, Sixty Eight Thousand Forty one Rupees only), even after 2 VS,J W.P.No.20888 of 2025 finalizing the part bills payable to the petitioner in relation to the works i.e. Construction and Commissioning of chejarla lift irrigation scheme on nagarjuna sagar right main canal @ KM 92.200 To feed Bethamraju M.l Tank near chejerla (v) ,Nekariallu (m) of Guntur District and pass any other order or orders as this Honble Court may deem fit and proper in the interest of Justice. 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 may be pleased to direct the respondents to forthwith consider releasing the amounts Rs.70,68,041/- (Seventy Lakhs, Sixty Eight Thousand Forty one Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS,J W.P.No.20888 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 declaring the action of the Respondents in withholding the part II payments of pending amounts of Rs.70,68,041/- (Seventy Lakhs Sixty Eight Thousand Forty one Rupees only), even after finalizing the part bills payable to the petitioner in relation to the works i.e., Construction & Commissioning of chejarla lift irrigation scheme on nagarjuna sagar right main canal @ KM 92.200 To feed Bethamraju M.l Tank near chejerla (v) ,Nekariallu (m) of Guntur District ….” 2. The petitioner had been awarded the contract of work i.e., Construction & Commissioning of chejarla lift irrigation scheme on nagarjuna sagar right main canal @ KM 92.200 To feed Bethamraju M.l Tank near chejerla (v), Nekariallu (m) of Guntur District vide agreement No.13SE/2022-23 dated 21.02.2023 by the respondents. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 31.01.2024 for a sum of Rs.49,45,693/-. 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. 4 VS,J W.P.No.20888 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 31.01.2024 for a sum of Rs.49,45,693/-. 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 part-II payments amounting to Rs.70,68,041/-, 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 31.01.2024 for an amount of Rs.49,45,693/-. 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., dated 31.01.2024 for an amount of Rs.49,45,693/- issued by the respondents, within a period of four (4) 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 5 VS,J W.P.No.20888 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: 15.10.2025 KGR