APHC010482702025 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: 25459/2025 Between: 1. KOTAPATI PRABHAKAR, S/O MALYADRIJAGED ABOUT 43 YEARS, OCC CIVIL CONTRACTOR R/O D.NO. 7-19-160/76/2, VASANTHARAYAPURAM, GUNTUR. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. 3. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, K. W DIVISION, TENALI. 4. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, WESTERN SUB DIVISION, BAPATLA 5. 5. THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 6. 6. THE PAY AND ACCOUNTS OFFICER, GUNTUR. ...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 2 pleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due bill amounts of Rs.4,16,444/- and Rs.4,16,152/- respectively, totaling Rs.8,32,596/- (Eight Lakhs Thirty Two Thousand Five Hundred and Ninety Six) which includes NAC and GST payable to the petitioner for 2 works executed for 3rd respondent under Divisional agreements Bearing Nos.31/2024-25 (dated 31-07- 2024) and 32/2024-25 (dated 31-07-2024) respectively despite finalizing the bills as illegal, arbitrary, unconstitutional and consequently, direct the respondents herein to immediately pay the due amount of Rs.8,32,596/- (Eight Lakhs Thirty Two Thousand Five Hundred and Ninety Six) Including NAC and GST which includes NAC and GST payable to petitioner for the above 2 works executed for respondent under the said agreements with an interest @ 12 % per annum. Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI 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 declaring the action of the respondents in not paying the admitted due bill amounts of Rs.4,16,444/- and Rs.4,16,152/- respectively, totaling Rs.8,32,596/- (Eight Lakhs Thirty Two Thousand Five Hundred and Ninety Six) which includes NAC and GST payable to the petitioner for 2 works executed for 3rd respondent under Divisional agreements Bearing Nos.31/2024-25 (dated 31-07- 2024) and 32/2024-25 (dated 31-07-2024) respectively despite finalizing the bills as illegal, arbitrary, unconstitutional and consequently, direct the respondents herein to immediately pay the due amount of Rs.8,32,596/- (Eight Lakhs Thirty Two Thousand Five Hundred and Ninety Six) Including NAC and GST which includes NAC and GST payable to petitioner for the above 2 works executed for respondent under the said agreements with an interest @ 12 % per annum….” 2. The petitioner had been awarded contract of two works as per two agreements, dated 31.07.2024 by the 3rd respondent. After execution of the aforementioned contract works, the respondents issued Quality Control Certificate i.e., dated 27.03.2025 for a sum of Rs.3,52,319/- and dated 27.03.2025 for a sum of Rs.3,52,566/-. 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. 4 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. 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 amount payable to the petitioner as per the quality control certificates, dated 27.03.2025 for a sum of Rs.3,52,319/- and dated 27.03.2025 for a sum of Rs.3,52,566/-. 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 bill amounts will be paid to the petitioner. 6. Learned counsel for the petitioner 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 petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amounts to the petitioner in 5 accordance with the quality control certificate, dated 27.03.2025 for a sum of Rs.3,52,319/- and dated 27.03.2025 for a sum of Rs.3,52,566/-, 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.25459 of 2025 Date: 06.10.2025 ARB