APHC010471312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25462/2025 Between: 1. A NARAYANA REDDY, S/O A.RAMA KRISHNA REDDY, AGED ABOUT 70 YEARS, OCC.CONTRACTOR R/O VALLABHAPURAM VILLAGE, KOLLIPARA MANDAL, GUNTUR DISTRICT. 2. A.VINOD REDDY, S/O A.NAYARANAREDDY, AGED ABOUT 45 YEARS, OCC.CONTRACTOR, R/O VALLABHAPURAM VILLAGE, KOLLIPARA MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, A.P. 3. THE DISTRICT COLLECTOR, , (IRRIGATION WING) KRISHNA DISTRICT. 4. THE ENGINERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 5. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF 2 ANDRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, GUNTUR. 7. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, REPALLE, BAPATLA 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not paying the bills for execution of work vide 1) Agreement No.1/2024-2025, dated 18-07- 2024, 2) Agreement No.2/2024-2025, dated 18-07-2024, 3) Agreement No.7/2024-2025, dated 23-07-2024, in total 3 works to an amount of Rs.17,82,946/- to the petitioners with interest @ 18% till today from the date of completion of respective works as illegal, arbitrary, violation of principles of natural justice and violative of Article 14, 19(1)(g) and 21 of the Constitution of India and consequentially, direct the respondents to release the bills for the above completed works immediately with interest forthwith. Counsel for the Petitioner(S): 1. PETA GNANA TEJA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ or direction declaring the action of the Respondents in not paying the bills for execution of work vide 1) Agreement No.1/2024-2025, dated 18-07- 2024, 2) Agreement No.2/2024-2025, dated 18-07-2024, 3) Agreement No.7/2024-2025, dated 23-07-2024, in total 3 works to an amount of Rs.17,82,946/- to the petitioners with interest @ 18% till today from the date of completion of respective works as illegal, arbitrary, violation of principles of natural justice and violative of Article 14, 19(1)(g) and 21 of the Constitution of India and consequentially, direct the respondents to release the bills for the above completed works immediately with interest forthwith….” 2. The petitioners had been awarded contract of three works as per agreement No.01/2024-25, dated 18.07.2024, agreement No.02/2024-25, dated 18.07.2024 and agreement No.07/2024-2025, dated 23.07.2024 by the 7th respondent. After execution of the aforementioned contract works, the respondents issued Quality Control Certificates i.e., dated 25.02.2025 for a sum of Rs.6,79,110/-, dated 25.02.2025 for a sum of Rs.8,47,914/- and dated 25.02.2025 for a sum of Rs.2,55,922/-. As the payment of the said amounts has not been made by the respondents, the petitioners have approached this Court by way of this Writ Petition. 3. It is the contention of the petitioners that even though the respondents admitted that the petitioners are entitled for payment of the aforesaid sum of 4 amount, no payment is being made. The petitioners 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 amounts payable to the petitioners as per the Quality Control Certificates i.e., dated 25.02.2025 for a sum of Rs.6,79,110/-, dated 25.02.2025 for a sum of Rs.8,47,914/- and dated 25.02.2025 for a sum of Rs.2,55,922/-. He further submits that since the budget was not released by the Government, the bills were not paid to the petitioners. Soon after release of the budget by the Government, the bill amounts will be paid to the petitioners. 6. Learned counsel for the petitioners 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 petitioners, this Writ Petition is disposed of with a direction to the respondents to release the amounts to the petitioners in accordance with the Quality Control Certificates i.e., dated 25.02.2025 for a 5 sum of Rs.6,79,110/-, dated 25.02.2025 for a sum of Rs.8,47,914/- and dated 25.02.2025 for a sum of Rs.2,55,922/-, 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 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: 06.10.2025 ARB 6 HON’BLE SMT JUSTICE V.SUJATHA Writ Petition No.25462 of 2025 Date: 06.10.2025 ARB