APHC010598722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30995/2025 Between: 1. SREE MARUTHI CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER, G.V.V.RAKESH, R/O 5-154/1, SANJAY NAGAR COLONY, LAKSHMIDEVIPALLI, KOTHAGUDEM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER AND SPL CHIEF SECRETARY, CADA, VIJAYAWADA. 4. THE CHIEF ENGINEER, KDS, VIJAYAWADA. 5. THE EXECUTIVE ENGINEER, K.W DIVISION, TENALI. 6. DEPUTY EXECUTIVE ENGINEER, K.W SUB DIVISION, CHIRALA. ...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 declaring the action of the respondents in not paying the 2 VS,J W.P.No.30995 of 2025 of amount of Rs.18,34,770/- due from dated 28.01.2025, 27.03.2025 and 25.01.2025 even after finalizing the bills, payable to the petitioner after the successful completion of the execution of work i.e., i. O and M Removal of Weed on Bangarupalem Channel from km 00.000 to km 11.500, Santharavuru Side Channel from km 0.00 to km 5.300, Kanaparthy channel from km 0.000 to km 4.000 and Pedaganjam channel from km 0.000 to Km 3.500KM. Agreement No.48 Kw/ 2024-25 dated 24.07.2024. ii. O and M Removal of Weed Growth in Commamuru canal in between km 73.610 to km 86.500 near kunkalamarru and karamchedu villages in karamchedu mandal of Bapatla district. Agreement No.49 Kw/2024-25 dated 24.07.2024. iii. O and M Removal of Weed Growth in Commammuru Canal off takes in between km 73.640 to km 86.000 near kunkalamarru and Karamchedu villages in Karamchedu Mandal of Bapatla District. Agreement No.50 Kw/2024-25 dated 24.07.2024. iv. O and M weed removal of emileru leading channel and supply channel from km 3.000 to 11.600 and Branch Channel in No.5 section vetapalem . Agreement No.51 Kw/2024-25 dated 24.07.2024. v. O and M Removal of weed of Emileru leading channel and supply channel from km 0.00 to 15.600. Agreement No.52 Kw/2024-25 dated 24.07.2024. vi. O and M Removal of Weed of Emileru Supply Channel from KM 15.800 to KM 24.600 and Branches. Agreements No.53 Kw/2024-25 dated 24.07.2024. as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to make the payment of Rs.18,34,770/- with accrued interest to the petitioner in respect of execution of the above said works and to 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 to direct the respondents to pay the amount Rs.18.34,770/- with accrued interest towards the final bill for the works which were taken up under Agreements No.48, 49, 50, 51, 52,53 kw/2024-25 dated 24.07.2024 duly approved by the respondents forthwith, pending disposal of the writ petition and pass 3 VS,J W.P.No.30995 of 2025 Counsel for the Petitioner: 1. BALAJI MEDAMALLI 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.30995 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…declaring the action of the respondents in not paying the of amount of Rs.18,34,770/- due from dated 28.01.2025, 27.03.2025 and 25.01.2025 even after finalizing the bills, payable to the petitioner after the successful completion of the execution of work i.e., i. O and M Removal of Weed on Bangarupalem Channel from km 00.000 to km 11.500, Santharavuru Side Channel from km 0.00 to km 5.300, Kanaparthy channel from km 0.000 to km 4.000 and Pedaganjam channel from km 0.000 to Km 3.500KM. Agreement No.48 Kw/ 2024-25 dated 24.07.2024. ii. O and M Removal of Weed Growth in Commamuru canal in between km 73.610 to km 86.500 near kunkalamarru and karamchedu villages in karamchedu mandal of Bapatla district. Agreement No.49 Kw/2024- 25 dated 24.07.2024. iii. O and M Removal of Weed Growth in Commammuru Canal off takes in between km 73.640 to km 86.000 near kunkalamarru and Karamchedu villages in Karamchedu Mandal of Bapatla District. Agreement No.50 Kw/2024-25 dated 24.07.2024. iv. O and M weed removal of emileru leading channel and supply channel from km 3.000 to 11.600 and Branch Channel in No.5 section vetapalem . Agreement No.51 Kw/2024-25 dated 24.07.2024. v. O and M Removal of weed of Emileru leading channel and supply channel from km 0.00 to 15.600. Agreement No.52 Kw/2024-25 dated 24.07.2024. vi. O and M Removal of Weed of Emileru Supply Channel from KM 15.800 to KM 24.600 and Branches. Agreements No.53 Kw/2024-25 dated 24.07.2024. as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to make the payment of Rs.18,34,770/- with accrued interest to the petitioner in respect of execution of the above said works….” 5 VS,J W.P.No.30995 of 2025 2. The petitioner had been awarded the contract of six works as per the agreements dated 24.07.2024 by the respondents. After execution of the aforementioned contract works, the respondents issued quality control certificates for six works i.e., 1) dated 03.04.2025 for a sum of Rs.4,23,770/-, 2) for a sum of Rs.2,91,997/-, 3) for a sum of Rs.2,06,781/-, 4) for a sum of Rs.3,29,573/-, 5) for a sum of Rs.2,50,649/-and 6) for a sum of Rs.1,07,598/-. 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 the quality control certificates 1) dated 03.04.2025 for a sum of Rs.4,23,770/-, 2) for a sum of Rs.2,91,997/-, 3) for a sum of Rs.2,06,781/-, 4) for a sum of Rs.3,29,573/-, 5) for a sum of Rs.2,50,649/-and 6) for a sum of Rs.1,07,598/-. He further submits that since the budget was not released by the Government, 6 VS,J W.P.No.30995 of 2025 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. 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 to release the amounts to the petitioner in accordance with the quality control certificates 1) dated 03.04.2025 for a sum of Rs.4,23,770/-, 2) for a sum of Rs.2,91,997/-, 3) for a sum of Rs.2,06,781/-, 4) for a sum of Rs.3,29,573/-, 5) for a sum of Rs.2,50,649/-and 6) for a sum of Rs.1,07,598/- issued by the respondents, within a period of three (3) 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: 01.12.2025 KGR