APHC010337262024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17200/2024 Between: 1. P V SUDARSHAN REDDY, S/O. LATE VENKATA SUBBA REDDY, AGED ABOUT 45 YEARS, OCC CONTRACTOR, ANNAVARAM VILLAGE, CHAPADU MANDAL, YSR KADAPA DISTRICT. 516 362. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DIST. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, 2ND BLOCK, 1ST FLOOR, ROOM NO.287, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI,GUNTUR DIST. 3. THE MANAGING DIRECTOR, ANDHRA PRADESH STATE IRRIGATION DEVELOPMENT CORPORATION(APSIDC) D.NO.29- 36-37, FLOOR, AMMA ESTATE, OPP ANDHRA HOSPITALS, PRAKASAM ROAD, GOVERNORPET, VIJAYAWADA. 4. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT. 5. THE SUPERINTENDENT ENGINEER, ANDHRA PRADESH STATE IRRIGATION DEVELOPMENT CORPORATION(APSIDC)CIRCLE, MARIYAPURAM, KADAPA-516 002. 6. THE PROJECT ENGINEER, ANDHRA PRADESH STATE IRRIGATION DEVELOPMENT CORPORATION(APSIDC) KADAPA, YSR KADAPA DISTRICT 7. THE DEPUTY EXECUTIVE ENGINEER, ANDHRA PRADESH STATE IRRIGATION DEVELOPMENT CORPORATION(APSIDC) KADAPA, 2 VS,J W.P.No.17200 of 2024 YSR 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 topleased to issue order or orders, direction or directions. Writ or Writs particularly one in the nature of Writ of Mandamus or any appropriate writ and declare the action of the respondents for not preparing final bill and not paying the balance amount of Rs. 11,97,470/- for execution of works vide Agreement No. 27 / 2011-12, dated 31-12-2011 awarded by the respondents to the tune of Rs. 43,34,325/- is being as illegal, arbitrary, violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents to release the balance bills amount of Rs. 11,97,470/- for the contract works under taken by the petitioner long back by considering petitioners representation dated 22-06-2022 , pending disposal of main Writ Petition and to pass IA NO: 1 OF 2024 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 balance bills amount of Rs. 11,97,470/- for the contract works under taken by the petitioner long back by considering the petitioner’s representation dated: 22-06-2022,pending disposal of main Writ Petition and to pass Counsel for the Petitioner: 1. PENJURI VENUGOPAL Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. MALLIPUDI DHANA RAJU SC for APIDC Ltd. 3. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.17200 of 2024 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 of Writ of Mandamus or any appropriate writ and declare the action of the respondents for not preparing final bill and not paying the balance amount of Rs. 11,97,470/- for execution of works vide Agreement No. 27 / 2011- 12, dated 31-12-2011 awarded by the respondents to the tune of Rs.43,34,325/- is being as illegal, arbitrary, violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents to release the balance bills amount of Rs. 11,97,470/- for the contract works under taken by the petitioner long back by considering petitioner’s representation dated 22-06-2022, pending disposal of main Writ Petition…..” 2. The case of the petitioner is that the 5th respondent allotted work of providing of Infrastructure for a shallow tube well on Penna River at Naraharipuram Village of Chapadu Mandal, YSR Kadapa District, vide Agreement No.27/11-12, dated 31.12.2011, for an estimated amount of Rs.43,34,664/-. It is contended that, after completion of the said work, the respondents an amount of Rs.31,36,855/-, but failed to prepare the final bill and release the balance amount of Rs.11,97,470/-. It is further case of the petitioner that, he submitted various representations dated 05.05.2022, 22.06.2022and 26.12.2022 to respondents No.3 and 5 requesting release of the balance amount. However, as no action was taken on the said representations, the petitioner has approached this Court by filnig the present writ petition 4 VS,J W.P.No.17200 of 2024 3. Respondent No.3 filed a counter affidavit duly stating that the petitioner has completed the works only to the extent of 0.78 lakhs after payment of the 4th and part bill and that the petitioner is claiming the balance amount of Rs.11,97,470/- merely by deducting the amount already paid from the total agreement value. It is further stated that the contractor has to complete all the following left-over balance works i.e., left-over gaps in PVC pressure mains, line testing of PVC pressure mains, testing and commissioning of pump sets, PVC pressure mains and all other infrastructure, restoration of damaged infrastructure due to unprecedented floods and execution of additional works as per site requirements, for claiming the final bill in respect of the work. 4. In view of the objection raised by respondent No.3 that the petitioner has not completed the works as of now, without going into the merits of the case, there shall be a direction to respondents No.3 and 5 to pass appropriate orders on the representations 05.05.2022, 22.06.2022 and 26.12.2022 submitted by the petitioner, after verifying the works completed by the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 09.12.2025 KGR