APHC010557462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29348/2025 Between: 1. VALLANNAIDU MODALAVALASA, S/O LATE SATYANARAYANA, AGE 75 YEARS, R/O 2-49, PEDDA VEEDHI, MODALAVALASA, SRIKAKULAM, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETAR IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE EXECUTIVE ENGINEER, W. R. DEPT., IRRIGATION DIVISION SRIKAKULAM. 3. THE DEPUTY EXECUTIVE ENGINEER, W. R. DEPT., IRRIGATION SUB-DIVISION, SRIKAKULAM. 4. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2 VS,J W.P.NO.29348 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 declaring the action of the Respondents herein, in withholding the payment of bills of i) Rs. 5,06,110/- and ii) Rs. 5,45,826/- totally an amount of Rs.10,51,936/- even after finalizing the bills by entering in the M-Book, issuing Quality Control Certificates and even after completion of the works to the prescribed standards and within the stipulated time in relation to the works i) O and M to Chittaripuram branch channel, Tadivalasa Yetibatti from 0M to 1550M Merakabatti in Chittaripuram village under Podali WUA of Santhakaviti Mandal and Tadivalasa Village under Tadivalasa WUA of Ponduru Mandal of Srikakulam District as per the Agreement No. 19/2021- 2022, Dt. 7.02.2022 and ii) O and M to Bandabatti in Penubarthi village Jagannadhampeta branch channel in Jagannadhampeta village tungapeta branch channel from 0M to 700 meters in gorinta village limits under Penubarthi and gorinta WUAs in Ponduru Mandal of Mandal of Srikakulam District as per the Agreement No. 20/2021-2022, Dt. 7.02.2022 is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 86 300-A of The Constitution of India and consequently direct the respondents to issue the Bill pass Orders and consider for payment of bills of i) Rs. 5,06,110/- and ii) Rs. 5,45,826/- totally an amount of Rs. 10,51,936/- with an interest 24percentage 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 bills of i) Rs. 5,06,110/- 3 VS,J W.P.NO.29348 OF 2025 and ii) Rs. 5,45,826/- totally an amount of Rs. 10,51,936/- with an interest 24 percentage per annum for the delayed amount to the petitioner in relation to the works i.e., i) O and M to Chittaripuram branch channel, Tadivalasa Yetibatti from 0M to 1550M Merakabatti in Chittaripuram village under Podali WUA of Santhakaviti Mandal and Tadivalasa Village under Tadivalasa WUA of Ponduru Mandal of Srikakulam District as per the Agreement No. 19/2021- 2022, Dt. 7.02.2022 and ii) O and M to Bandabatti in Penubarthi village Jagannadhampeta branch channel in Jagannadhampeta village tungapeta branch channel from OM to 700 meters in gorinta village limits under Penubarthi and gorinta WUAs in Ponduru Mandal of Mandal of Srikakulam District as per the Agreement No. 20/2021-2022, Dt. 7.02.2022”, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. CHAITANYA PALISETTY 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.29348 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29348/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of bills of i) Rs.5,06,110/- and ii) Rs.5,45,826/- totally an amount of Rs.10,51,936/- even after finalizing the bills by entering in the M-Book, issuing Quality Control Certificates and even after completion of the works to the prescribed standards and within the stipulated time in relation to the works i.e., “i) O and M to Chittaripuram branch channel, Tadivalasa Yetibatti from 0M to 1550M Merakabatti in Chittaripuram village under Podali WUA of Santhakaviti Mandal and Tadivalasa Village under Tadivalasa WUA of Ponduru Mandal of Srikakulam District as per the Agreement No.19/2021- 2022, Dt. 7.02.2022 and ii) O and M to Bandabatti in Penubarthi village Jagannadhampeta branch channel in Jagannadhampeta village tungapeta branch channel from 0M to 700 meters in gorinta village limits under Penubarthi and gorinta WUAs in Ponduru Mandal of Mandal of Srikakulam District as per the Agreement No. 20/2021-2022, Dt. 7.02.2022” is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 & 300-A of The Constitution of India and consequently direct the respondents to issue the Bill pass Orders and consider for payment of bills of i) Rs.5,06,110/- and ii) Rs.5,45,826/- totally an amount of Rs.10,51,936/- with an interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith…” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificates dated 5 VS,J W.P.NO.29348 OF 2025 18.05.2024 to a tune of Rs.5,87,971/- and Rs.6,92,277/- respectively. 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 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 Government Pleader on oral instructions stated 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, however, admitted the amount payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.5,87,971/- and Rs.6,92,277/-. 6 VS,J W.P.NO.29348 OF 2025 6. 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 amount to the petitioner in accordance with the quality control certificates dated 18.05.2024 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. No 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. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :18.11.2025 JLV 7 VS,J W.P.NO.29348 OF 2025 144 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29348/2025 Dt.18.11.2025 JLV