APHC010637702023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32815/2023 Between: 1. G VENKATESWARA RAO, S/O SRIRAMULU, AGE 61 YEARS, OCC. CONTRACTOR AND BUSINESS, RIO H.NO.7-29-21, MAHALAKSHMI NAGAR, TADEPALLIGUDEM VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT, 4TH BLOCK, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER, COMMAND AREA DEVELOPMENT AUTHORITY (CAD), IRRIGATION AND WATER RESOURCE DEPARTMENT, STATE OF ANDHRA PRADESH, VIJAYAWADA. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE GODAVARI HEAD WORKS DIVISION, DOWLAISWARAM, EAST GODAVARI DISTRICT 4. THE EXECUTIVE ENGINEER, GODAVARI HEAD WORKS DIVISION, DOWLAISWARAM, EAST GODAVARI DISTRICT. 5. THE PAY AND ACCOUNTS OFFICER, WORKS AND PROJECTS, GODAVARI HEAD WORKS, DOWLAISWARAM, EAST GODAVARI DISTRICT. 6. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING, STATE OF ANDHRA PRADESH, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.. 2 VS,J W.P.No.32815 of 2023 ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of Rs.15,12,223/- under M.Book No.1666GH, including quality control holding amounts, for the works done by the petitioner for Flood precautions estimate of the VRB (L) section Narsapuram under the control of Vasista Sub-Division, Razole for the insuing floods of the year 2023 in West Godavari District, as illegal, arbitrary, violation of principles of natural justice, contrary tothe Rules and Regulations there under and consequently direct the respondents to pay an amount of Rs.15,12,223/- under M.Book No.1666GH, including quality control holding amounts, and pass IA NO: 1 OF 2023 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 funds through a proper channel for payment of Rs.15,12,223/-, under M.Book No.1666GH, including quality control holding amounts, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. K V L NARASIMHA RAO Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS,J W.P.No.32815 of 2023 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of Rs.15,12,223/- under M.Book No.1666GH, including quality control holding amounts, for the works done by the petitioner for Flood precautions estimate of the VRB (L) section Narsapuram under the control of Vasista Sub-Division, Razole for the insuing floods of the year 2023 in West Godavari District, as illegal, arbitrary, violation of principles of natural justice, contrary tothe Rules and Regulations there under and consequently direct the respondents to pay an amount of Rs.15,12,223/- under M.Book No.1666GH, including quality control holding amounts, and pass….” 2. The petitioner had been awarded the contract of works by the Irrigation Department and entered into an agreement dated 24.06.2023. After execution of the said contract, the respondents also issued quality control certificate dated 21.10.2023 to a tune of Rs.12,19,830/-. 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 petitioner contends that such non- payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 4 VS,J W.P.No.32815 of 2023 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 for Irrigation on oral instructions has admitted the amounts payable to the petitioner as per the quality control certificate dated 21.10.2023 but has submitted that since the budget was not released by the Government, the bills were not paid to the petitioner and soon after release of the budget by the Government, the bills will be paid to the petitioner. 6. In view of the same, instead of keeping the writ petition pending, this writ petition is disposed of and the respondents are directed to pay the admitted amounts, payable to the petitioner as per the quality control certificate dated 21.10.2023, within a period of two (2) months from the date of receipt of a copy of this order. 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 05.11.2025 Gss