APHC010568662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29674/2025 Between: 1. SOMU SATYANARAYANA, S/O. VEERARAJU, AGED ABOUT 66 YEARS, R/O. D.NO. 2-1-73/A CHALLAVARI STREET, PITHAPURAM MANDAL, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR IRRIGATION WING, KAKINADA DISTRICT, KAKINADA. 4. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, DOWLAISWARAM, EAST GODAVARI DISTRICT. 2 VS,J W.P.NO.29674 OF 2025 6. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER, RESOURCES DEPARTMENT, YELERU IRRIGATION DIVISION, PEDDAPURAM, KAKINADA 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 of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 50,69,885/-, 1) Amount of Rs. 2,87,992/- vide Agreement No. 11/2024-25 vide M.Book No. 1505YRA, 2) Amount of Rs. 1,55,552/- vide Agreement No. 10/2024-25 vide M.Book No. 1508YRA , 3) Amount of Rs. 1,83,717/- vide Agreement No. 09/2024-25 vide M.Book No. 1511YRA 4) Amount of Rs. 3,51,550/- vide Agreement No. 12/2024-25 vide M.Book No. 1517YRA, 5) Amount of Rs. 2,46,591/- vide Agreement No. 08/2024-25 vide M.Book No. 1515YRA, 6) Amount of Rs. 3,19,080/- vide Agreement No. 14/2024-25 vide M.Book No. 1512YRA, 7) Amount of Rs. 1,41,364/- vide Agreement No. 13/2024-25 vide M.Book No. 1513YRA, 8) Amount of Rs. 3,81,622/- vide Agreement No. 17/2024-25 vide M.Book No. 3387YRA, 9) Amount of Rs. 3,02,184/- vide Agreement No. 15/2024-25 vide M.Book No. 1514YRA10) Amount of Rs. 1,32,849/- vide Agreement No. 07/2024-25 vide M.Book No. 1510YRA, 11) Amount of Rs. 88,420/- vide Agreement No. 16/2024-25 vide M.Book No. 1509YRA, 12) Amount of Rs. 6,25,733/- vide Agreement No. 44/2024-25 vide M.Book No. 4080YRA, 13) Amount of Rs. 12,49,335/- vide Agreement No. 42/2024-25 vide M.Book No. 3383YRA, 14) Amount of Rs. 1,14,132/- vide Agreement No. 04/2024-25 vide M.Book No. 1494YRA, 15) Amount of Rs. 2,03,218/- vide Agreement No. 06/2024-25 vide M.Book No. 1344YRA, 16) Amount of Rs. 2,73,091/- vide Agreement No. 05/2024-25 vide M.Book No. 1507YRA, with interest of execution and completion of O and M works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 50,69,885/- plus 18 percentage GST for execution of completion of 0 and M works under Irrigation Department as per agreement, to the petitioner forthwith, and pass IA NO: 1 OF 2025 3 VS,J W.P.NO.29674 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 releasing the Final Bills of total amount worth of Rs. 50,69,885/- + 18% GST, for execution of completion of O & M works under Irrigation Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.29674 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29674/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.50,69,885/-, 1) Amount of Rs.2,87,992/- vide Agreement No. 11/2024-25 vide M.Book No.1505YRA, 2) Amount of Rs.1,55,552/- vide Agreement No.10/2024-25 vide M.Book No.1508YRA , 3) Amount of Rs.1,83,717/- vide Agreement No.09/2024-25 vide M.Book No. 1511YRA 4) Amount of Rs.3,51,550/- vide Agreement No.12/2024-25 vide M.Book No.1517YRA, 5) Amount of Rs.2,46,591/- vide Agreement No.08/2024-25 vide M.Book No.1515YRA, 6) Amount of Rs.3,19,080/- vide Agreement No.14/2024-25 vide M.Book No.1512YRA, 7) Amount of Rs.1,41,364/- vide Agreement No.13/2024-25 vide M.Book No. 1513YRA, 8) Amount of Rs.3,81,622/- vide Agreement No.17/2024-25 vide M.Book No.3387YRA, 9) Amount of Rs.3,02,184/- vide Agreement No.15/2024-25 vide M.Book No.1514YRA10) Amount of Rs.1,32,849/- vide Agreement No.07/2024-25 vide M.Book No.1510YRA, 11) Amount of Rs.88,420/- vide Agreement No.16/2024-25 vide M.Book No.1509YRA, 12) Amount of Rs.6,25,733/- vide Agreement No. 44/2024-25 vide M.Book No.4080YRA, 13) Amount of Rs.12,49,335/- vide Agreement No.42/2024-25 vide M.Book No.3383YRA, 14) Amount of Rs.1,14,132/- vide Agreement No.04/2024-25 vide M.Book No.1494YRA, 15) Amount of Rs.2,03,218/- vide Agreement No. 06/2024-25 vide M.Book No.1344YRA, 16) Amount of Rs.2,73,091/- vide Agreement No.05/2024-25 vide M.Book No.1507YRA, with interest of execution and completion of O & M works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.50,69,885/- + 18% GST for execution of completion of O&M works under Irrigation Department as per agreement, to the petitioner forthwith…” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said works, the respondents 5 VS,J W.P.NO.29674 OF 2025 issued quality control certificates for the following amounts: Rs.2,87,992/-, Rs.1,55,552/-, Rs.1,83,717/-, Rs.2,46,591/- and Rs.1,32,849/- dated 03.01.2025; Rs.3,51,550/-, Rs.3,19,080/-, Rs.1,41,364/-, Rs.3,81,618/-, Rs.3,02,184/- and Rs.88,420/- dated 04.12.2024; Rs.6,25,733/- and Rs.1,74,132/- dated 18.10.2024; Rs.12,49,335/- dated 02.01.2025. 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. 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 6 VS,J W.P.NO.29674 OF 2025 petitioner, namely Rs.2,87,992/-, Rs.1,55,552/-, Rs.1,83,717/-, Rs.2,46,591/- and Rs.1,32,849/- dated 03.01.2025; Rs.3,51,550/-, Rs.3,19,080/-, Rs.1,41,364/-, Rs.3,81,618/-, Rs.3,02,184/- and Rs.88,420/- dated 04.12.2024; Rs.6,25,733/- and Rs.1,74,132/- dated 18.10.2024; Rs.12,49,335/- dated 02.01.2025. 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 03.01.2025, 04.12.2024, 18.10.2024 and 02.01.2025 issued by them within a period of four (04) 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 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 :22.12.2025 JLV 7 VS,J W.P.NO.29674 OF 2025 185 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29674/2025 Dt.22.12.2025 JLV