APHC010589802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30641/2025 Between: 1. N V V SATYANARAYANA, S/O. DEVAYYA, AGED ABOUT 45 YEARS, CONTRACTOR, R/O 1-108, SCHOOL STREET, BOBBARLANKA, ATREYAPURAM, ERSTWHILE EAST GODAVARI DISTRICT, PRESENTLY DR.B.R.AMBEDKARKONASEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, CAD, VIJAYAWADA, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, N.T.R. DISTRICT 4. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS 6TH FLOOR C BLOCK ANJANEYA, ANJANEYA TOWERS IBRAHIMPATNAM,KRISHNA,DISTRICT, REP. BY ITS CHAIRMAN 5. THE ENGINEERINCHIEFIW, WATER RECOURCES DEPARTMENT, A.P. VIJAYAWADA, KRISHNA DISTRIC 2 VS,J W.P.No.30641 of 2025 6. THE SUPERINTENDING ENGINEER IRRIGATION CIRCLE, DOWLAISWARAM, RAJAMAHENDRAVAM, EAST GODAVARI DISTRICT. 7. THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, EAST GODAVARI DISTRICT. 8. THE EXECUTIVE ENGINEER, GODAVARI HEAD WORKS DIVISION, DOWLAISWARAM, RAJAMAHENDRAVAM, 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 direction more particularly one in the nature of Writ of Mandamusor declaring the action of the Respondents herein in not release amounts (1) Rs.3,46,822/-dated 21-04-2025, Pack/Agreement No.29D/2023-24, dated 21- 04-2025, for Removal of Weed Growth from Channels of WUA Choppella for Khariff and Rabi Seasons 2023-24 in WR Section, Alamur, (2) Rs.1,41,897/- dated 21-04-2025, Pack/Agreement No.40 D/2023-24, dated 21-04-2025, for Removal of Weed Growth from Channels of WUA Madiki th for Khariff and Rabi Seasons 2023-24 in WR Section, Alamur, under the 7 (3) Rs. 1,91,498/- dated 03-08-2021, Pack/Agreementrespondent. No.74D/2020-21,for W.R. Department-O and M Works-Agreement for the work-Repairs to Shutters of 4 Arms and Secor Sluces for 3 Deltas of Sir Arthur Cotton Barrage, Dowlaiswaram to arrested the leakages during Rabi the Season for the Period from 01-12-2020 to 30-4- 2021, under the 8 respondent, respectively therefore. Total Rs. 6,80,217/-, even after finalizing the bills, in spite of repeated requests as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release Second and Final amount in my favour along with interest @24 p.a., in favour of Petitioner along with interest @24 p.a., 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 herein forthwith to release balance amounts (1) Rs.3,46,822/-dated 21-04-2025, Pack/Agreement No.29D/2023- 24, dated 21-04-2025, for Removal of Weed Growth from Channels of WUA Choppella for Khariff and Rabi Seasons 2023-24 in WR Section, Alamur, (2) 3 VS,J W.P.No.30641 of 2025 Rs. 1,41,897/- dated 21-04-2025, Pack/Agreement No.40 D/2023-24, dated 21-04-2025, for Removal of Weed Growth from Channels of WUA Madiki th for Khariff and Rabi Seasons 2023-24 in WR Section, Alamur, under the 7 respondent, (3) Rs.1,91,498/- dated 03-08-2021, Pack/Agreement No.74D/2020-21,for W.R. Department-O&M Works-Agreement for the work- Repairs to Shutters of 4 Arms and Secor Sluces for 3 Deltas of Sir Arthur Cotton Barrage, Dowlaiswaram to arrested the leakages during Rabi th Season for the Period from 01-12-2020 to 30-4-2021, under the 8 respondent, respectively therefore. Total Rs. 6,80,217/-, along with interest @24percentage p.a., pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. G SIMHADRI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 4 VS,J W.P.No.30641 of 2025 The Court made the following ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, order direction more particularly one in the nature of Writ of Mandamusor declaring the action of the Respondents herein in not release amounts (1) Rs.3,46,822/-dated 21-04-2025, Pack/Agreement No.29D/2023-24, dated 21- 04-2025, for Removal of Weed Growth from Channels of WUA Choppella for Khariff and Rabi Seasons 2023-24 in WR Section, Alamur, (2) Rs.1,41,897/- dated 21-04-2025, Pack/Agreement No.40 D/2023- 24, dated 21-04-2025, for Removal of Weed Growth from Channels of WUA Madiki th for Khariff and Rabi Seasons 2023-24 in WR Section, Alamur, under the 7 (3) Rs. 1,91,498/- dated 03-08-2021, Pack / Agreement respondent. No.74D/2020-21,for W.R. Department-O and M Works-Agreement for the work-Repairs to Shutters of 4 Arms and Secor Sluces for 3 Deltas of Sir Arthur Cotton Barrage, Dowlaiswaram to arrested the leakages during Rabi the Season for the Period from 01-12-2020 to 30-4-2021, under the 8 respondent, respectively therefore. Total Rs. 6,80,217/- , even after finalizing the bills, in spite of repeated requests as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release Second and Final amount in my favour along with interest @24 p.a., in favour of Petitioner along with interest @24 p.a., and to pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case. 2. The petitioner had been awarded a contract of two works as per the agreements dated 21-04-2025, 21-04-2025 and 03-08-2021 by the Irrigation Department. After execution of the aforementioned contract work, , the 5 VS,J W.P.No.30641 of 2025 respondents issued three Quality Control Certificates dated 21.04.2025 to tune of Rs.3,46,822/-, Rs.1,41,897/- and Quality Control Certificate dated 03.08.2021 to tune of Rs.1,91,498/- 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 amount, 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 Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per three Quality Control Certificates dated 21.04.2025 to tune of Rs.3,46,822/-, Rs.1,41,897/- and Quality Control Certificate dated 03.08.2021 to tune of Rs.1,91,498/-. He further submits 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. 6 VS,J W.P.No.30641 of 2025 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 7. 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 the respondents no.2 to 8 to release the amounts to the petitioner in accordance with three Quality Control Certificates dated 21.04.2025 to tune of Rs.3,46,822/-, Rs.1,41,897/- and Quality Control Certificate dated 03.08.2021 to tune of Rs.1,91,498/- issued by the respondents, within a period of four (04) months from the date of receipt of a copy of this order. 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. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 24.11.2025 JAK/MH 7 VS,J W.P.No.30641 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA 112 WRIT PETITION NO: 30641/2025 Date: 24.11.2025 JAK/MH