APHC010435242025 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: 22141/2025 Between: 1. VEERLA VEERA VENKATESWARA RAO, S/O SRINIVASA RAO, AGE 37 YEARS, OCC CONTRACTER, R/O. 3-24, NEAR VEERLA VARI DEVARA GUDI, MEDURU VILLAGE AND POST, PAMIDIMUKKALA MANDAL, KRISHNA DISTRICT, ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAJ SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM CITY, COLLECTOR OFFICE, KRISHNA DISTRICT. 4. THE DIRECTOR OF WORKS AND ACCOUNTS, NIDHI BHAVAN, 1ST FLOOR, MANGALAGIRI, GUNTUR DISTRICT. 5. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIWADA, KRISHNA DISTRICT. 6. THE PAY AND ACCOUNT OFFICER, THIRD FLOOR, RAMA MANDIR STREET, ARUNDALPET, GOVERNOR PET, VIJAYAWADA. 2 VS,J W.P.No.22141 of 2025 ...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 any other appropriate writ or direction declaring the action of the Respondent in withholding the payment an amount of 1) Rs. 12,73,598/- 2) Rs. 6,89,793/- 3) Rs.20,91,483/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Removal of weed growth in Budameru Major drain from Km 0.000 to km 19.200 and its infailing minor drains for the year 2024-25, vide agreement No. 17/2024-25, Dated 19-07-2024, Restoration of Irrigation System for effective Water Regulation including Monitoring and Management of Mallayapallem Minor Drain.from Km 0.000 to Km. 4.800.,vide agreement No.06/2025-26, Dated 16-04-2025, and Restoration of Irrigation System for effective Water Regulation including Monitoring and Management of Gunderu Major Drain from Km 55.000 to Km. 58.900.,vide agreement No.04/2025-26, Dated 16-04-2025, as the same is illegal, arbitrary and consequently direct the respondents to consider for payments of 1) Rs. 12,73,598/- 2) Rs. 6,89,793/- or 3) Rs.20,91,483/- with interest @12PERCENT per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith 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 to consider for payment of final Bill amounts 1) Rs. 12,73,598/- 2) Rs. 6,89,793/- 3) Rs.20,91,483/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of works i.e., "Removal of weed growth in Budameru Major drain from Km 0.000 to km 19.200 and its infalling minor drains for the year 2024- 25”, vide agreement No. 17/2024-25, Dated: 19-07-2024, “Restoration of Irrigation System for effective Water Regulation including Monitoring and Management of Mallayapallem Minor Drain from Km 0.000 to Km. 4.800”.,vide agreement No.06/2025-26, Dated: 16-04- 2025, and “Restoration of Irrigation System for effective Water Regulation including Monitoring and Management of Gunderu Major Drain from Km 55.000 to Km. 58.900”.,vide 3 VS,J W.P.No.22141 of 2025 agreement No.04/2025-26, Dated: 16-04-2025”, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SRAVAN KUMAR NAIDANA 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.22141 of 2025 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 of mandamus any other appropriate writ or direction declaring the action of the Respondent in withholding the payment an amount of 1) Rs. 12,73,598/- 2) Rs. 6,89,793/- 3) Rs.20,91,483/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Removal of weed growth in Budameru Major drain from Km 0.000 to km 19.200 and its infailing minor drains for the year 2024-25, vide agreement No. 17/2024-25, Dated 19-07-2024, Restoration of Irrigation System for effective Water Regulation including Monitoring and Management of Mallayapallem Minor Drain.from Km 0.000 to Km. 4.800.,vide agreement No.06/2025-26, Dated 16-04-2025, and Restoration of Irrigation System for effective Water Regulation including Monitoring and Management of Gunderu Major Drain from Km 55.000 to Km. 58.900.,vide agreement No.04/2025-26, Dated 16-04-2025, as the same is illegal, arbitrary and consequently direct the respondents to consider for payments of 1) Rs. 12,73,598/- 2) Rs. 6,89,793/- or 3) Rs.20,91,483/- with interest @12PERCENT per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass….” 2. The petitioner had been awarded the contract of (i) removal of weed growth in Budameru Major drain Km 0.000 to Km 19.200 and its infalling minor drains for the year 2024-25, (ii) restoration of irrigation system for effective water regulation including monitoring and management of Mallayapallem minor drain from Km 0.000 to Km 4.800, (iii) restoration of irrigation system for effective water regulation including monitoring and management of Gunderu 5 VS,J W.P.No.22141 of 2025 major drain from Km 55.000 to Km 58.900, by the Irrigation Department. After execution of the said contract, as the payment of the amounts payable to the petitioner have 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, 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 for Irrigation has furnished a copy of the letter addressed by the 5th respondent vide letter No.EE/DRG/GDV/AB/A3/Court Cases/729M, dated 16.12.2025, wherein it is stated that the petitioner has completed the works as per the respective agreements and that the bills pertaining to the amounts payable to the petitioner [Rs.12,73,598/- + Rs.6,89,793/- + Rs.20,91,483/- = Rs. 40,54,874/-] will be uploaded shortly in NIDHI portal. 6. In view of fact that the amounts payable to the petitioner are admitted by the respondents, instead of keeping the writ petition pending, this writ 6 VS,J W.P.No.22141 of 2025 petition is disposed of and the respondents are directed to pay the admitted amounts payable to the petitioner, within a period of four (4) months from the date of receipt of a copy of this order. There shall be no order as to 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 Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 22.12.2025 Gss