APHC010478722025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24321 OF 2025 Between: K Radha Krishna, S/o. K Penchalaiah, Aged about 40 years, Occ. Contractor R/o.Main Street, Chintalapalem (V), Kaluvoya (M) Pincode.524343. SPSR Nellore District, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Department of Irrigation (Water Resources Department), Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. 3. The District Collector and District Magistrate, Tirupati, Tirupati District. 4. The Superintendent Engineer, Irrigation Circle, Nellore, SPSR Nellore District. 5. The Executive Engineer, WRD, Nellore South Division, Gudur, Tirupati District. 6. The Chief Executive Officer, APCFSS, 3'*^ Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode. 522503. Secretariat Buildings, ...Respondents 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount Rs.21,42,399/- vide M Book No. 3536 Ag and CFMS Token No. 2024- 1845679, even after finalizing the bills, payable to the petitioner in relation to the works i.e., FDR 12/2023 - TEMPORARY RESTORATION TO THE PAMULA KALUVA RIGHT SIDE FLOOD BANK NEAR NM KANDRIGA VILLAGE IN TADA MANDAL OF TIRUPATI DISTRICT, Vide Agreement No. 93 DN/ FDR/ 2024-25, dated 21.08.2024 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.21,42,399/- vide M Book No. 3536 Ag and CFMS Token No. 2024-1845679 with interest @24 % per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. of lA 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 please to direct the respondents to pay for payment of amount Rs.21,42,399/- vide M Book No. 3536 Ag & CFMS Token No. 2G24-1S45679 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. FDR 12/2023 TEMPORARY RESTORATION TO THE PAMULA KALUVA RIGHT SIDE FLOOD BANK NEAR NM KANDRIGA of VILLAGE IN TADA MANDAL OF TIRUPATI DISTRICT, Vide Agreement No. 93 DN/ FDR/ 2024-25, dated 21.08.2024, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SMT. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos.1, 3 to 5: GP FOR IRRI AND CAD Counsel for the Respondent Nos.2, 6: GP FOR FINANCE & PLANNING The Court made the following order: APHC010478722025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24321/2025 Between: 1.K RADHA KRISHNA,, S/0. K PENCHALAIAH, AGED ABOUT 40 YEARS, OCC.CONTRACTOR STREET, CHINTALAPALEM (V), KALUVOYA (M), SPSR NELLORE DISTRICT, PINCODE.524343. R/O.MAIN ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, IRRIGATION (WATER RESOURCES DEPARTMENT) SECRETARIAT DEPARTMENT OF BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. VELAGAPUDI 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE BUILDINGS, AND PLANNING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT 3.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUPATI, TIRUPATI DISTRICT. 4.THE SUPERINTENDENT ENGINEER, IRRIGATION 2 W.P.NO.24321 OF 2025 CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 5.THE EXECUTIVE ENGINEER, WRD, NELLORE SOUTH DIVISION, GUDUR, TIRUPATI DISTRICT. 6.THE CHIEF EXECUTIVE OFFICER, APCFSS, FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT, PINCODE. 522503. 3RD ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount Rs.21,42,399/- vide M Book No. 3536 Ag and CFMS Token No. 2024-1845679, even after finalizing the bills, payable to the petitioner in relation to the works i.e., FDR 12/2023 - TEMPORARY RESTORATION TO THE PAMULA KALUVA RIGHT SIDE FLOOD BANK NEAR NM KANDRIGA VILLAGE IN TADA MANDAL OF TIRUPATI DISTRICT, Vide Agreement No. 93 DN/ FDR/ 2024-25, dated 21.08.2024 is questioned, as the same of is illegal, arbitrary and consequently direct the respondents to pay for pa3mient of amounts of Rs.21,42,399/- vide M Book No. 3536 Ag and CFMS Token No. 2024-1845679 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to direct the respondents to pay for payment of amount of Rs.21,42,399/- vide M Book No. 3536 Ag & CFMS Token No. 2G24-1S45679 with interest @24% per annum for the delayed petitioner in respect of execution of works i.e. FDR 12/2023 praying that in the amount to the 3 VS,J W.P.N0.24321 OF 2025 TEMPORARY RESTORATION TO THE PAMULA KALUVA RIGHT SIDE FLOOD BANK NEAR NM KANDRIGA VILLAGE IN TADA MANDAL OF TIRUPATI DISTRICT, Vide Agreement No. 93 DN/ FDR/ 2024-25, dated 21.08.2024, forthwith, pending disposal of the Writ Petition Counsel for the Petitioner: 1.MODAPOTHULASUMALATHA Counsel for the Respondent(S): 1.GP FOR IRRI ANDCAD 2.GP FOR FINANCE PLANNING The Court made the following: 4 vs,j W.P.N0.243210F2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.21,42,399/- vide M Book No.3536 Ag & CFMS Token No. 2024-1845679, even after finalizing the bills, payable to the petitioner in relation to the works i.e., FDR 12/2023 - TEMPORARY RESTORATION TO THE PAMULA KALUVA RIGHT SIDE FLOOD BANK NEAR NM KANDRIGA VILLAGE IN TADA MANDAL OF TIRUPATI DISTRICT, Vide Agreement No. 93 DN/FDR/2024-25, dated 21.08.2024 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.21,42,399/- vide M Book No.3536 Ag & CFMS Token No. 2024-1845679 with interest @24 % per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith... ” The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, 2. the respondents also issued quality control certificate to a tune of Rs. 15,77,945/-. 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 money, no payment is being made. The :^?jySS:m!SSPSSSSS \A/.P.N0.24321 OF 2025 5 petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court, including the judgment of a Court dated 05.10.2021 in batch had taken the view that such and that such dues need to be This Court, in various orders learned Single Judge of this W.P.No.10038 of 2021 and 4. non-payment of dues is arbitrary cleared by the respondents at the earliest. On the other hand 'learned Government Pleader placed 5. not released by oral instructions stated that since the budget was the Government, the bills were after release of the budget by not paid to the petitioner. Soon the Government, the bills will be , admitted the amount payable to control certificate filed by the paid to the petitioner, however the petitioner as per the quality tune of Rs.15,77,945/-. petitioner to a In view of the facts and circumstances submitted in the 6. various cases and of learned counsel for the direction to the affidavit, and the directions of this Court in after hearing the submissions this Writ Petition is disposed of with a amount to the petitioner in accordance petitioner respondents to release the 21.09.2024 dated certificate control with the quality 6 ' VS,J W.P.NO.24321 OF 2025 issued by the respondents within a period of three (03) months from the date of receipt of a copy of this order. No costs. 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, 7. the same is binding upon both the parties. Consequently, Miscellaneous Petitions, if any, pending in 8. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR this Writ Petition shall stand closed. //TRUE COPY// SECTION OFFICER \ To 1. The Special Chief Secretary, State of Andhra Pradesh, Department of Irrigation (Water Resources Department), Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector and District Magistrate, Tirupati, Tirupati District. 4. The Superintendent Engineer, Irrigation Circle, Nellore, SPSR Nellore District. 5. The Executive Engineer, WRD, Nellore South Division, Gudur, Tirupati District. 6. The Chief Executive Officer, APCFSS, 3'^ Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode. 522503. 7. One CC to SMT. MODAPOTHULA SUMALATHA, Advocate [OPUC] 8. Two CCs to GP FOR IRRI AND CAD, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR FINANCE & PLANNING, High Court of Andhra Pradesh [OUT] 10 Twn nn Hnnipc HIGH COURT DATED:15/10/2025 ORDER WP NO. 24321 OF 2025 mi 0 “i NOV 2025 )a V As^rrenl 6ectian/V J DISPOSING OF THE W.P. WITHOUT COSTS