APHC010543732025 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: 29701 /2025 Between: 1. IMPERIAL COSTAL INFRA, MANAGING PARTNER K. SUBBARAJU, S/O. VENKATA SATYANARAYANA RAJU, AGED ABOUT 61 YEARS, JP ROAD, FLAT NO. 501, PENT HOUSE, GOLDEN AVENUE, CHINA AMIRAM,BHIMAVARAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR IRRIGATION WING, BHIMAVARAM, WEST GODAVARI DISTRICT. 4. THE ENGINEERINCHIEF MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 5. THE COMMISSIONER COMMAND DEVELOPMENT AUTHORITY CAD, WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 2 VS,J W.P.No.29701 of 2025 6. THE SUPERINTENDING ENGINEER IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, ELURU, ELURU DISTRICT. 7. THE EXECUTIVE ENGINEER IRRIGATION AND WATER, RESOURCES DEPARTMENT, DRINAGE DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT. 8. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI, GUNTUR 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing total final bills amount worth of Rs. 24,37,671/-, for the work of O and M Estimate for Deweeding by Chemical spraying 1st time and maintaining weed free by manual upto December 2023 on Major, Medium and Minor drains under the jurisdiction of drainage section, Gummuluru in West Godavari District vide its M.Book No.1282, and its Agreement No. 4 SE/23-24, Dt. 15-09-2023, Quality Control Certificate No. 2020, works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 24,37,671/-for execution of completion of works under Irrigation Department in Drainage Division as per agreement, to the petitioner 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 releasing the Final Bills of total amount worth of Rs. 24,37,671/-, for execution of completion of works under Irrigation Department in Drainage Division as per agreement, to the petitioner forthwith, pending disposal of the above writ petition pending disposal of the above writ petition and pass. 3 VS,J W.P.No.29701 of 2025 Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 4 VS,J W.P.No.29701 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: “…pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing total final bills amount worth of Rs. 24,37,671/-, for the work of O and M Estimate for Deweeding by Chemical spraying 1st time and maintaining weed free by manual upto December 2023 on Major, Medium and Minor drains under the jurisdiction of drainage section, Gummuluru in West Godavari District vide its M.Book No.1282, and its Agreement No. 4 SE/23-24, Dt. 15-09-2023, Quality Control Certificate No. 2020, works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 24,37,671/-for execution of completion of works under Irrigation Department in Drainage Division as per agreement, to the petitioner forthwithand 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 date 17.01.2025 by the Irrigation Department. After execution of the aforementioned contract work, , the respondents issued Quality Control Certificate dated 06.08.2025 to a tune of Rs.17,69,003/-, Quality Control Certificate dated 19.01.2025 to a tune of Rs.10,71,027/-, and Quality Control Certificate dated 28.08.2025 to a tune of Rs.5,11,321/-. As the payment of the 5 VS,J W.P.No.29701 of 2025 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 Certificate dated 06.08.2025 to a tune of Rs.17,69,003/-, Quality Control Certificate dated 19.01.2025 to a tune of Rs.10,71,027/-, and Quality Control Certificate dated 28.08.2025 to a tune of Rs.5,11,321/-. 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. 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. 6 VS,J W.P.No.29701 of 2025 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 6 to release the amounts to the petitioner in accordance with Quality Control Certificate dated 06.08.2025 to a tune of Rs.17,69,003/-, Quality Control Certificate dated 19.01.2025 to a tune of Rs.10,71,027/-, and Quality Control Certificate dated 28.08.2025 to a tune of Rs.5,11,321/- 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.29701 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA 113 WRIT PETITION NO: 29701/2025 Date: 24.11.2025 JAK/MH