APHC010556222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29015/2025 Between: 1. U JAYA SUBBA REDDY, S/O CHINNA SUBBI REDDY AGED ABOUT 66 YEARS. OCC BUSINESS R/O 1-27, RAJUVARIPETA, CHAPADU MANDAL YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT. PUNAMMATHOTA, LABBIPET, VIJAYAWADA-10. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT AP SECRETARIAT, VELAGAPUDI, AMARAVATHI-523238. 3. THE EXECUTIVE ENGINEER W R D, K.C. CANAL DIVISION, NANDYALA. 4. THE DEPUTY EXCECUTIVE ENGINEER, K.C.CANAL(SPL) SUB DIVISION, MYDUKUR YSR KADAPA DISTRICT. 5. THE ASSISTANT EXECUTIVE ENGINEER, K.C. CANAL SECTION, PRODDATUR Y.S.R. KADAPA 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, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the of the respondents and in 2 VS,J W.P.No.29015/2025 non payment of dues Rs. 18,49,353.94/- pertaining to the work of Providing C.C. Walls to the existing L/s Channel Sluice at Km. 39.253 of Chapadu Channel Near S.C. Colony, Nakkaladinne (V) of Chapadu(M) of YSR (dt), executed under Agreement No. 441/2023-2024, Dated 07.09.2023, even after submission of bill which is illegal, arbitrary and Violation of Art. 14. Art.15. Art. 19(1 )(g). Art.21, Art.23 and Art.300A of Constitution of India and violation of clause and 68 and 69 of AP Standard Specifications and consequently direct the respondents to pay dues of Rs. 18.49,353.94/- pertaining to the work Providing C.C. Walls to the existing L/s Channel Sluice at Km. 39.253 of Chapadu Channel Near S.C. Colony, Nakkaladinne (V) of Chapadu(M) of YSR (dt).. executed under Agreement No.441/2023-2024, dated 07.09.2023 along with 12 percent interest from the date of expiry of one month from the date of submission of bill to till the date of payment and to 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 consider & process the payment of dues of Rs.18,49,353.94/- pertaining to the work Providing C.C. Walls to the existing L/s Channel Sluice at Km. 39.253 of Chapadu Channel Near S.C. Colony, Nakkaladinne (V) of Chapadu(M) of YSR (dt). executed under Agreement No.441/2023-2024, dated 07.09.2023, expeditiously within 4 weeks pending final disposal of the Writ petition pending disposal of the above writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.29015/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the of the respondents and in non payment of dues Rs.18,49,353.94/- pertaining to the work of Providing C.C. Walls to the existing L/s Channel Sluice at Km.39.253 of Chapadu Channel Near S.C.Colony, Nakkaladinne (V) of Chapadu (M) of YSR (dt), executed under Agreement No.441/2023-2024, Dated 07.09.2023, even after submission of bill which is illegal, arbitrary and Violation of Art.14, Art.15, Art. 19(1)(g), Art.21, Art.23 and Art.300A of Constitution of India and violation of clause and 68 and 69 of AP Standard Specifications and consequently direct the respondents to pay dues of Rs.18.49,353.94/- pertaining to the work Providing C.C.Walls to the existing L/s Channel Sluice at Km.39.253 of Chapadu Channel Near S.C.Colony, Nakkaladinne (V) of Chapadu(M) of YSR (dt). executed under Agreement No.441/2023-2024, dated 07.09.2023 along with 12 percent interest from the date of expiry of one month from the date of submission of bill to till the date of payment and to pass such other order or orders…” 2. The petitioner had been awarded the contract of work i.e., providing C.C.Walls to the existing L/s Channel Sluice at Km.39.253 of Chapadu Channel Near S.C.Colony, Nakkaladinne (V) of Chapadu (M) of YSR (dt), executed under Agreement No.441/2023-2024, dated 07.09.2023. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 20.11.2023 for a sum of Rs.16,83,120.93/-. 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.29015/2025 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 20.11.2023 is sum of Rs.16,83,120.93/-. 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 to be entitled to Rs.18,49,353.94/-, 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 20.11.2023 for an amount of Rs.16,83,120.93/-. 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 20.11.2023 for an amount of Rs.16,83,120.93/- issued by the respondents, within a period of two (02) 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.29015/2025 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: 07.11.2025 KBN 6 VS,J W.P.No.29015/2025 213 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29015/2025 Date: 07.11.2025 KBN