APHC010370502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18944/2024 Between: 1. POLAVARAPU SUBRAMANYESWARA RAO, S/O. ANJANEYULU, AGED 72 YEARS, R/O. D.N0.8/318-B, RAJENDRA NAGAR, 6TH LINE, GUDIVADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER, CADA AND SECRETARY TO GOVERNMENT,,VIJAYAWADA, KRISHNA DISTRICT. 4. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE,KRISHNA DISTRICT. 2 VS,J W.P.NO.18944 OF 2024 5. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIVADA, KRISHNA DISTRICT. 6. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO.29-2-52, MANASA COMPLEX, RAMA MANDIRAM STREET, GOVERNORPET, 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 tomay be pleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the final bill amount of Rs. 18,39,529/- to the petitioner along with interest for the work executed in pursuance of the agreement entered into with the 5th respondent vide Agreement No.56/2023- 24 dated 22.09.2023, as illegal, arbitrary, violation of principles of natural justice and Unconstitutional and consequently direct the respondents to release undisputed final bill amount Rs. 18,39,529/- to the petitioner along with interest for the work executed in pursuance of the agreement entered into with the 5th respondent vide Agreement No.56/2023-24 dated 22.09.2023, and to pass such 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 may be pleased to direct the respondents to release undisputed final bill amount of Rs. 18,39,529/- to the petitioner along with interest for the work executed in pursuance of the agreement entered into with the 5*^ respondent vide Agreement No.56/2023-24 dated 22.09.2023, pending disposal of the writ petition and pass such Counsel for the Petitioner: 3 VS,J W.P.NO.18944 OF 2024 1. RAMESH BABU TALLURI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.18944 OF 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the final bill amount of Rs.18,39,529/- to the petitioner along with interest for the work executed in pursuance of the agreement entered into with the 5th respondent vide Agreement No.56/2023-24 dated 22.09.2023, as illegal, arbitrary, violation of principles of natural justice and Unconstitutional and consequently direct the respondents to release undisputed final bill amount Rs. 18,39,529/- to the petitioner along with interest for the work executed in pursuance of the agreement entered into with the 5th respondent vide Agreement No.56/2023-24 dated 22.09.2023,...” 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 certificate to a tune of Rs.33,72,187.5/-. 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 money, no payment is being made. The 5 VS,J W.P.NO.18944 OF 2024 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 certificate filed by the petitioner to a tune of Rs.33,72,187.5/-. 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 with the quality control certificate dated 03.01.2025 issued by the 6 VS,J W.P.NO.18944 OF 2024 respondents within a period of four (04) 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 :08.12.2025 LSP