APHC010516112024 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: 26868/2024 Between: 1. BOLLAM SESHAGIRI RAO, S/O ABADDAM. AGED 48 YEARS, OCC CONTRACTOR, FLAT NO 202, PRIDES VIRGO CLASSICS AVENUE, NEAR SYNDICATE BANK, RING ROAD, VIZIANAGARAM, VIZIANAGARAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE PRINCIPLE SECRETARY, 2) FINANCE AND PLANNING DEPARTMENT, THE GOVERNMENT OF ANDHRA PRADESH 2ND BLOCK, 1ST FLOOR. ROOM NO.287, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST., 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, AMARAVATHI, GUNTUR DIST. 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT NIDADAVOLE. . 5. THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION DEPARTMENT, BHIMAVARAM, 6. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, BHIMAVARAM, WEST GODAVARI DIST 2 VS,J W.P.No.26868 of 2024 7. THE EXECUTIVE ENGINEER, G.W. DIVISION, NIDADAVOLE. WEST GODAVARI DIST.. ...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 or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of works by the Petitioners works under 1) Agreement No. 104/2022-23, dtd.06- 03-2023, 2). Agreement No.34/2023-24, dtd.07-06-2023, 3). Agreement No.35/2023-24, dtd.07-06-2023, 4). Agreement No.36/2023-24, dtd.07-06- 2023, 5). Agreement No.37/2023-24, dtd.07-06-2023, awarded by the 6th and 7th respondents which comes to a total amount of five works Rs.46,49,858/- to the petitioner with 6percent interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6percent interest and to pass IA NO: 1 OF 2024 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 the amount of Rs.46,49,858/- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K L N SWAMY 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.26868 of 2024 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of works by the Petitioners works under 1) Agreement No. 104/2022-23, dtd.06-03-2023, 2). Agreement No.34/2023-24, dtd.07-06-2023, 3). Agreement No.35/2023-24, dtd.07-06-2023, 4). Agreement No.36/2023- 24, dtd.07-06-2023, 5). Agreement No.37/2023-24, dtd.07-06-2023, awarded by the 6th and 7th respondents which comes to a total amount of five works Rs.46,49,858/- to the petitioner with 6% interest till today from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6% interest….” 2. The petitioner had been awarded the contract of five works as per the agreements dated 07.06.2023 and 18.06.2024 by the Irrigation Department. After execution of the aforementioned contract works, the respondents issued five quality control certificates i.e., dated 31.05.2024 for a sum of Rs.4,43,091/-, dated 15.06.2024 for a sum of Rs.6,11,016/-, dated 19.06.2024 for a sum of Rs.5,56,485/-, dated 19.06.2024 for a sum of Rs.7,16,419/- and 15.07.2024 for a sum of Rs.15,96,353/-. 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 4 VS,J W.P.No.26868 of 2024 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 i.e., dated 31.05.2024 for a sum of Rs.4,43,091/-, dated 15.06.2024 for a sum of Rs.6,11,016/-, dated 19.06.2024 for a sum of Rs.5,56,485/-, dated 19.06.2024 for a sum of Rs.7,16,419/- and 15.07.2024 for a sum of Rs.15,96,353/-. 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. 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 i.e., dated 31.05.2024 for a sum 5 VS,J W.P.No.26868 of 2024 of Rs.4,43,091/-, dated 15.06.2024 for a sum of Rs.6,11,016/-, dated 19.06.2024 for a sum of Rs.5,56,485/-, dated 19.06.2024 for a sum of Rs.7,16,419/- and 15.07.2024 for a sum of Rs.15,96,353/- issued by the respondents, within a period of five (5) 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: 15.10.2025 KGR