APHC010589622025 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: 30769/2025 Between: 1. DARABATHULA RAMANJANEYULU, S/O. D. VENKATA RAO OCC CONTRACTOR, R/O. D.NO 2 - 12, EDURU (V), ATTILI MANDAL, WEST GODAVARI DISTRIC ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, 2ND BLOCK, FLOOR. ROOM NO.287, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST. 3. THE ENGINEER IN CHIEF, IRRIGATION AND WATER RESOURCES DEPARTMENT, AMARAVATHI, GUNTUR DIST., 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM 5. THE SUPERINTENDENT ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, VIJAYAWADA 6. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, DRIANAGE DIVISION, 2 VS,J W.P.NO.30769 OF 2025 BHIMAVARAM, 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 a Writ, Order or direction more particularly one in the nature of writ of Mandamus by declaring the action of the Respondents in not paying the admitted bill amounts payable to the Petitioner vide Agreement No. 98 / 2022-23, 06/2023-dt 02.03.2023. Agreement No. 97 / 2022-23, dt 02.03.2023. Agreement No. 24, dt 06.06.2023. Agreement No. 13/ 2023-24, dt 07.06.2023. Agreement No. 12/ - 24, dt 07.06.2023. Agreement No. 07 / 2023-24, dt 06.06.2023, for the respective works in the respective places at the Drainage division, Bhimavaram the years 2022 - 23, 2023 - 24 as applicable for the works, for the amount payable of Rs. 88,81,485/- (Eighty eight lakhs eighty one thousand four hundred eighty five only) as illegal, arbitrary and in violation of Articles 14, 19 (i) (g), 21, 300 - A of the Constitution of India and consequently direct the respondents to release the bills for the subject completed works immediately with 6percentage interest 2023 for as held by the Hon ble No 724 / 2021, and toDivisional Bench of the High Court of Andhra Pradesh vide WA 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 Rs. 88,81,485/- (Eighty eight lakhs eighty one thousand four hundred eighty five only) towards the payment of the final bills of the contract works (subject matter of this Writ Petition) undertakenby the petitioner, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. MSVS SUDHA RANI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 VS,J W.P.NO.30769 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30769/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a Writ, Order or direction more particularly one in the nature of writ of Mandamus by declaring the action of the Respondents in not paying the admitted bill amounts payable to the Petitioner vide Agreement No.98/2022-23, Agreement No.97/2022-23, dt 02.03.2023, Agreement No.06/2023-24 dt 06.06.2023, Agreement No.13/2023-24, dt 07.06.2023, Agreement No.12/2023, dt 07.06.2023, Agreement No.07/2023-24, dt 06.06.2023, for the respective works in the respective places at the Drainage division, Bhimavaram the years 2022-23, 2023-24 as applicable for the works, for the amount payable of Rs.88,81,485/- (Eighty eight lakhs eighty one thousand four hundred eighty five only) as illegal, arbitrary and in violation of Articles 14, 19 (i) (g), 21, 300-A of the Constitution of India and consequently direct the respondents to release the bills for the subject completed works immediately with 6% interest 2023 as held by the Hon’ble Divisional Bench of the High Court of Andhra Pradesh vide WA No.724 / 2021.” 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.8,35,036/-, Rs.7,41,456/- dated 27.11.2023; Rs.22,47,073/- dated 19.08.2024; Rs.18,19,893/- dated 22.07.2024; Rs.6,47,811/- dated 12.08.2024; Rs.5,04,017/- dated 04.04.2024. 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 4 VS,J W.P.NO.30769 OF 2025 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 petitioner, namely Rs.8,35,036/-, Rs.7,41,456/- dated 27.11.2023; Rs.22,47,073/- dated 19.08.2024; Rs.18,19,893/- dated 22.07.2024; Rs.6,47,811/- dated 12.08.2024; Rs.5,04,017/- dated 04.04.2024. 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 27.11.2023, 19.08.2024, 22.07.2024, 12.08.2024 and 04.04.2024 5 VS,J W.P.NO.30769 OF 2025 issued by them within a period of five (05) 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 6 VS,J W.P.NO.30769 OF 2025 187 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30769/2025 Dt.22.12.2025 JLV