APHC010241432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11994/2025 Between: 1. M/S. GREEN TURF DEVELOPERS,, REPRESENTED BY ITS PROPRIETOR B. NANDHA KISHORE, R/O. D. NO.538, HOUSING BOARD COLONY, WARD NO. 25-1, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER CADA AND SECRETARY TO GOVERNMENT, VIJAYAWADA, KRISHNA DISTRICT. 4. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE,NELLORE, NELLORE DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 6. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO.29-2-52, MANASA COMPLEX, RAMA MANDIRAM STREET, 2 VS,J W.P.No.11994 of 2025 GOVERNORPET, VIJAYAWADA, KRISHNA 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 order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the final bill amount of Rs. 38,93,785/- to the petitioner for the work executed in pursuance of the agreement entered into with the 5th respondent vide Agreement No.74 FDR/2022-23 dated 04.02.2023 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release undisputed final bill amount of Rs. 38,93,785/- to the petitioner in pursuance of the Agreement No. 74 FDR/2022-23 dated 04.02.2023 entered into with the 5th respondent along with interest 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 release undisputed final bill amount of Rs. 38,93,785/- to the petitioner in pursuance of the Agreement No. 74 FDR/2022-23 dated 04.02.2023 entered into with the 5 respondent along with interest, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. RAMESH BABU TALLURI 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.11994 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 order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the final bill amount of Rs.38,93,785/- to the petitioner for the work executed in pursuance of the agreement entered into with the 5th respondent vide Agreement No.74 FDR/2022-23 dated 04.02.2023 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release undisputed final bill amount of Rs.38,93,785/- to the petitioner in pursuance of the Agreement No.74 FDR/2022-23 dated 04.02.2023 entered with the 5th respondent along with interest ….” 2. The petitioner had been awarded the contract of work i.e., FDR11/2021- Temporary Restoration of Damaged UTs on Kanupuru Main Canal @ Km 38.480 near Pullathegalapadu village in Venkatachalam Mandal of SPSR Nellore District vide agreement No.74 FDR/2022-23 dated 04.02.2023 by the 5th respondent for a sum of Rs.38,93,785/-. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 04.02.2025 for a sum of Rs.32,29,706/-. 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. 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- 4 VS,J W.P.No.11994 of 2025 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. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate i.e., dated 04.02.2025 is a sum of Rs.32,29,706/-. 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. Though the petitioner claims to be entitled to Rs.38,93,785/-, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificate issued by the respondents dated 04.02.2025 for an amount of Rs.32,29,706/-. 7. In view of the facts and circumstances of the case, 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 certificate i.e., dated 04.02.2025 for a sum of Rs.32,29,706/- issued by the respondents, within a period of four (4) months from the date of receipt of a copy of this order. 5 VS,J W.P.No.11994 of 2025 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: 15.10.2025 KGR