APHC010292742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14872/2025 Between: 1. KOTA VIGNESHWARA RAO, KOTA KRISHNAVATHARAM, AGED ABOUT 47 YEARS, OCC VICE PRESIDENT- WUA, MAHADEVAPATNAM, R/O. H. NO. 8-101, UTTARAPALEM, UNDI, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, THE GOVERNMENT OF ANDHRA PRADESH 2ND BLOCK, 1ST FLOOR. ROOM NO.287, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST., 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, 27-20-44, MUSEUM RD, VENKATESHWARA RAO STREET, GOVERNORPETA, VIJAYAWADA, ANDHRA PRADESH 520 00., 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, AT BHIMAVARAM. 5. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, ELURU, WEST GODAVARI DISTRICT. 6. THE EXECUTIVE ENGINEER, G W DIVISION, NIDDAVOLE, WEST 2 VS,J W.P.No.14872 of 2025 GODAVARI DISTRICT. 7. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, BHIMAVARAM, VISAKHAPATNAM. R7 IS IMPLEADED AS PER THE COURT'S ORDER DT.14.10.2025 IN I.A.NO.02 OF 2025. ...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 topleased to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of 4 works vide (1) Agreement No. 223 WUA/2017-18, dt.19-05-2018, (2) Agreement No. 131/2018- 19, dt.06-08-2018 , (3) Agreement No. 43 WUA/2018-19, dt.l4- 05-2019 and (4) Agreement No. 253 WUA/2017-18, dt.20-01- 2018, Total Final Amount 4 works equals to Rs.7,47,851/- with 24 percentage interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 24 percentage interest and to and pass 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 pleased to direct the respondents to release the amount of Rs.7,47,851/- with 24% interest till to day from the date of completion of respective works towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main WP No. of 2025 and to pass IA NO: 2 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 Implead the Proposed respondent as Respondent No-7 in the above Writ petition and pass Counsel for the Petitioner: 3 VS,J W.P.No.14872 of 2025 1. A.SREE RAM 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.14872 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 order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of 4 works vide (1) Agreement No. 223 WUA/2017-18, dt.19-05-2018, (2) Agreement No. 131/2018- 19, dt.06-08-2018 , (3) Agreement No. 43 WUA/2018-19, dt.l4- 05-2019 and (4) Agreement No. 253 WUA/2017-18, dt.20-01- 2018, Total Final Amount 4 works equals to Rs.7,47,851/- with 24 percentage interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 24 percentage interest and to and pass….” 2. The petitioner had been awarded the contract of executing four works i.e. (i) O&M repairs to inspection path on RB of Mahadevapatnam Channel between KM 3.250 to 4.00 vide agreement dated 19.05.2018, (ii) O&M deweeding by chemical spraying/manual and maintaining weed free up to December, 2018 on minor drains under the jurisdiction of WUA, Mahadevapatnam vide agreement dated 06.08.2018, (iii) O&M to A.M of weed free in Mahadevapatnam channel from KM 0.000 to 7.042 and other channels in the jurisdiction of Mahadevapatnam WUA during the year 2018-19 vide agreement dated 14.05.2019, (iv) formation of cross bunds and closing pipes on channels during rabi season for F1427 in the jurisdiction of WUA Mahadevapatnam vide agreement dated 20.01.2018, by the Irrigation 5 VS,J W.P.No.14872 of 2025 Department. After execution of the said contract, the respondents also issued quality control certificates dated 19.06.2018 (to a tune of Rs.3,83,328/-), 06.02.2019 (to a tune of Rs.1,70,321/-), 14.07.2019 (to a tune of Rs.1,69,100/- ) and 26.07.2018 (to a tune of Rs.25,052/-). 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 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 for Irrigation on oral instructions has admitted the amounts payable to the petitioner as per the quality control certificates dated 19.06.2018, 06.02.2019, 14.07.2019 and 26.07.2018, but has submitted that since the budget was not released by the Government, the bills were not paid to the petitioner and soon after release of the budget by the Government, the bills will be paid to the petitioner. 6 VS,J W.P.No.14872 of 2025 6. In view of the same, instead of keeping the writ petition pending, this writ petition is disposed of and the respondents are directed to pay the admitted amounts, payable to the petitioner as per the quality control certificates dated 19.06.2018, 06.02.2019, 14.07.2019 and 26.07.2018, within a period of two (2) months from the date of receipt of a copy of this order. 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 05.11.2025 Gss