APHC010602402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31302/2025 Between: 1. MANGAM SIVANARAYANA, S/O. MANGAM VENKATA SWAMY, AGED 65 YEARS, OCC CONTRACTOR, R/O. D. N0.19-26-1/A, REDDY COLONY, ST ANNS SCHOOL, BHIMAVARAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2) 2. THE PRINCIPLE SECRETARY, FINANCE PLANNING DEPARTMENT, THE GOVERNMENT OF ANDHRA PRADESH 2ND BLOCK, 1ST FLOOR, ROOM NO.287, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST., 3) 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, 27-20- 44, MUSEUM RD, VENKATESHWARA RAO STREET, GOVERNORPETA, VIJAYAWADA, ANDHRA PRADESH 520 002, 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, AT BHIMAVARAM. 5) 5. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, ELURU, WEST GODAVARI DISTRICT. 6) 6. THE EXECUTIVE ENGINEER, G W DIVISION, NIDDAVOLE, 2 VS,J W.P.NO.31302 OF 2025 WEST GODAVARI 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 order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ to declare the action of the respondents in not paying the Final Bill to a tune of Amount of Rs.26,24,158/- for 5 works i.e., vide (1) Agreement No. 8/2024-25, dt.08-07-2024, (2) Agreement No. 09/2024-25, dt.08-07- 2024, (3) Agreement No. 10/2024-25, dt.08-07-2024, (4) Agreement No. 11/2024- 25, dt.08-07-2024 and (5) Agreement No. 13/2024-25, dt.08- 07-2024, as illegal, and violation of Article - 14 and 21 of the Constitution of India, consequently direct the respondents to release the bills to tune of amount Rs.26,24,158/- with 24PERCENT interest till to day from the date of completion of respective works immediately 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 R s .2 6 ,2 4 ,1 5 8 /-. towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main Writ Petition, and to pass s Counsel for the Petitioner: 1. A.SREE RAM Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV 3. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.NO.31302 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31302/2025 ORDER:- This writ petition is 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 to declare the action of the respondents in not paying the Final Bill to a tune of Amount of Rs.26,24,158/- for 5 works i.e., vide (1) Agreement No.8/2024-25, dt.08-07-2024, (2) Agreement No. 09/2024-25, dt.08- 07-2024, (3) Agreement No.10/2024-25, dt.08-07-2024, (4) Agreement No.11/2024-25, dt.08-07-2024 and (5) Agreement No.13/2024-25, dt.08-07-2024, as illegal, and violation of Article-14 and 21 of the Constitution of India, consequently direct the respondents to release the bills to tune of amount Rs.26,24,158/- with 24% interest till today from the date of completion of respective works immediately.” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said works, the respondents issued quality control certificates for the following amounts: Rs.4,82,755/-, Rs.4,21,840/- and Rs.6,29,013/- dated 07.05.2025; Rs.5,75,310/- dated 07.06.2025; Rs.5,15,740/- dated 15.05.2025. 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 VS,J W.P.NO.31302 OF 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. On the other hand, learned Government Pleader on 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 learned Government Pleader fairly admitted the amounts payable to the petitioner as per the quality control certificates filed by the petitioner, namely Rs.4,82,755/-, Rs.4,21,840/- and Rs.6,29,013/- dated 07.05.2025; Rs.5,75,310/- dated 07.06.2025; Rs.5,15,740/- dated 15.05.2025. 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 respondent Nos.2 to 6 to release the amount to the petitioner in accordance with the quality control certificates dated 07.05.2025, 07.06.2025 and 15.05.2025 issued by them within a period of three (03) 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 5 VS,J W.P.NO.31302 OF 2025 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 Date :31.12.2025 JLV 6 VS,J W.P.NO.31302 OF 2025 136 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31302/2025 Dt.31.12.2025 JLV