APHC010490962025 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: 25218/2025 Between: 1. KILARAPU SRINIVASA RAO, S/O. REDDYMMA AGE ABOUT 50 YEARS, OCC CONTRACTOR, R/O. D.NO. 31- 77, PAMARRU, PAMARRU MANDAL N.T.R. DISTRICT, PREVIOUSLY KRISHNA 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 DISTRICT COLLECTOR IRRIGATION WING, N.T.R. DISTRICT AT VIJAYAWADA. 3. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN VIJAYAWADA, N.T.R. DISTRICT, 2 VS,J W.P.NO.25218 OF 2025 4. THE SUPERINTENDING ENGINEER, SUPERINTENDING ENGINEER IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE VIJAYAWADA, N.T.R. DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, SPECIAL DIVISION VIJAYAWADA, N.T.R. DISTRICT. 6. THE CHIEF ENGINEER, MINOR IRRIGATION, HANUMANPETA VIJAYAWADA, N.T.R. DISTRICT. 7. THE PAY AND ACCOUNTS OFFICER, SURYAPETA, NEAR ANDHRA HOSPITAL VIJAYAWADA, N.T.R DISTRICT. 8. THE STATE OF ANDHRA PRADESH, REP. BY IT S PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, 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 tomay 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 bills amount worth of an total amount of Rs.81,99,271/- Agreement No.26- SE/2021- 22, dated 25.09.2021, part-1, Q.C.No.48714, Part-ll, Q.C.No. 48738 and Part-1, M.Book.No. 138 APILIP and Part-ll, M. Book.No. 5425 with interest of execution of completion of APILIP works under Irrigation 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 bill of total amount worth of 3 VS,J W.P.NO.25218 OF 2025 Rs.81,99,271/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass such 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 releasing the Final Bill amount of Rs.81,99,271/- for execution of completion of Irrigation works under Irrigation Departments per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.NO.25218 OF 2025 ORDER:- This writ petition is 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 bills amount worth of an total amount of Rs.81,99,271/- Agreement No.26-SE/2021-22, dated 25.09.2021, part-1, Q.C.No.48714, Part-ll, Q.C.No.48738 and Part-1, M.Book.No.138 APILIP and Part-ll, M. Book.No.5425 with interest of execution of completion of APILIP works under Irrigation 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 bill of total amount worth of Rs.81,99,271/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith...” 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 certificates to a tune of Rs.20,37.439/- and Rs.38,58,419/- respectively. As the payment of the said amounts have 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 5 VS,J W.P.NO.25218 OF 2025 the aforesaid sum of money, 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 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, the respondents admitted the amount payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.20,37.439/- and Rs.38,58,419/-. 6. Though the petitioner claimed an amount of Rs.81,99,271/- as per the agreements, however, agreed to dispose of Writ Petition basing upon the quality control certificate issued by the 6 VS,J W.P.NO.25218 OF 2025 respondents dated 30.04.2023 and 09.10.2024 to a tune of Rs.20,37.439/- and Rs.38,58,419/- within a period of five months. 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 amount to the petitioner in accordance with the quality control certificates dated 30.04.2023 and 09.10.2024 issued by the respondents within a period of five (05) 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 :15.10.2025 LSP 7 VS,J W.P.NO.25218 OF 2025 248 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25218/2025 15.10.2025 LSP