APHC010028912025 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: 1586/2025 Between: 1. S V CONSTRUCTIONS, REPRESENTED BY ITS PARTNER K.GOPAL REDDY S/O.K.SUBBI REDDY AGED. 52 YEARS. OCC. CONTRACTOR H.NO.4/8, PARLAPADU VILLAGE PRODDUTUR MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF WATER RESOURCES, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 3. THE SUPERINTENDING ENGINEER, SRBC GOVERNMENT OF ANDHRA PRADESH WATER RESOURCES DEPARTMENT CIRCLE NO.1, NANDYAL, NANDYAL DISTRICT. 4. THE EXECUTIVE ENGINEER, SRBC DIVISION NO.IV GOVERNMENT OF ANDHRA PRADESH WATER RESOURCES DEPARTMENT NANDYAL, NANDYAL 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 2 VS,J W.P.No.1586 of 2025 pleased tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of net balance amount of Rs.2,42,25,031.07 vide LS III and Part Bill recorded from page 62 to 73 of LF Book No.66 SRBCI (CADA) and page 69 to 78 of LF Book No.98 SRBCI (CADA) even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Construction of DLRB at KM 4.085 across Kundu River in Nandyal Town vide Agreement No.2SE/2021-22 dated.28.08.2021 and Supplementary Agreement No.4SE/23-24 dated.12.10.2023 is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.2,42,25,031.07 vide LS III and Part Bill recorded from page 62 to 73 of LF Book No.66 SRBCI (CADA) and page 69 to 78 of LF Book No.98 SRBCI (CADA) with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such 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 may please to direct the respondents to pay for payment of amount of Rs.2.42,25,031.07 vide LS III and Part Bill recorded from page 62 to 73 of LF Book No.66 SRBCI (CADA) and page 69 to 78 of LF Book No.98 SRBCI (CADA) with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of DLRB at KM 4.085 across Kundu River in Nandyal Town vide Agreement NO.2SE/2021- 22 dated.28.08.2021 and Supplementary Agreement No.4S E/23-24 dated.12.10.2023 forthwith, pending disposal of the writ Petition and pass Counsel for the Petitioner: 1. K B RAMANNA DORA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.1586 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 or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of net balance amount of Rs.2,42,25,031.07 vide LS III and Part Bill recorded from page 62 to 73 of LF Book No.66 SRBCI (CADA) and page 69 to 78 of LF Book No.98 SRBCI (CADA) even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Construction of DLRB at KM 4.085 across Kundu River in Nandyal Town vide Agreement No.2SE/2021-22 dated.28.08.2021 and Supplementary Agreement No.4SE/23-24 dated.12.10.2023 is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.2,42,25,031.07 vide LS III and Part Bill recorded from page 62 to 73 of LF Book No.66 SRBCI (CADA) and page 69 to 78 of LF Book No.98 SRBCI (CADA) with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such….” 2. The petitioner had been awarded the contract of executing the work of construction of DLRB at KM4.085 across Kundu River, Nandyal town by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate dated 11.01.2024 to a tune of Rs.2,28,54,933/-. 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. 4 VS,J W.P.No.1586 of 2025 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. 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 11.01.2024 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 11.01.2024, within a period of eight (8) months from the date of receipt of a copy of this order. 5 VS,J W.P.No.1586 of 2025 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