1 APHC010383412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19693/2025 Between: 1. A NARAYANA REDDY, S/O A. RAMA KRISHNA REDDY, AGED ABOUT 70 YEARS, OCC.CONTRACTOR,R/OVALLABHAPURAM VILLAGE KOLLIPARA MANDAL, GUNTUR DISTRICT. 2. A.VINOD REDDY,, S/O A.NAYARANAREDDY, AGED ABOUT 45 YEARS, OCC.CONTRACTOR, R/O VALLABHAPURAM VILLAGE KOLLIPARA MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, A.P. 3. THE DISTRICT COLLECTOR, (IRRIGATION WING), KRISHNA DISTRICT. 4. THE ENGINERINCHIEF, , MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 2 5. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, GUNTUR. 7. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, CHIRALA, BAPATLA 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 tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not paying the bills for execution of work vide 1.Agreement no. 1 DN/2024-2025, dt.12- 07-2024, 2.Agreement no. 2 DN/2024-2025, dt. 16-07-2024, 3.Agreement no. 3 DN/2024-2025, dt. 16-07-2024, 4.Agreement no. 4 DN/2024-2025, dt. 16-07-2024, 5. Agreement no. 5 DN/2024-2025, dt. 16-07- 2024, 6. Agreement no. 6 DN/2024- 2025, dt. 16-07-2024, 7. Agreement no. 29 DN/2024-2025, dt.25- 07-2024, 8. Agreement no. 30 DN/2024-2025, dt.25-07-2024, total 8 works to an amount of Rs. 60,01,737/- to the petitioners with 18 percentage 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 1g 21 of the Constitution of India consequentially direct the respondents to release the bills for the above completed works immediately with 18 percentage interest and to 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 be pleased to direct the respondents to release the amount of Rs. 60,01,737/- towards payment of above final bills for the contract works under taken by the petitioners pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S): 1. PETA GNANA TEJA 3 Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 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 paying the bills for execution of work vide 1.Agreement no. 1 DN/2024-2025, dt.12- 07-2024, 2.Agreement no. 2 DN/2024-2025, dt. 16-07-2024, 3.Agreement no. 3 DN/2024-2025, dt. 16-07-2024, 4.Agreement no. 4 DN/2024-2025, dt. 16- 07-2024, 5. Agreement no. 5 DN/2024-2025, dt. 16-07-2024, 6. Agreement no. 6 DN/2024- 2025, dt. 16-07-2024, 7. Agreement no. 29 DN/2024-2025, dt.25- 07-2024, 8. Agreement no. 30 DN/2024-2025, dt.25-07-2024, total 8 works to an amount of Rs. 60,01,737/- to the petitioners with 18 percentage 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 1g 21 of the Constitution of India consequentially direct the respondents to release the bills for the above completed works immediately with 18 percentage interest and to pass such….” 2. The petitioners have been awarded various contract works and entered various agreements vide: 1. Agreement no.1 DN/2024-2025, dated 12-07-2024 2. Agreement no.2 DN/2024-2025, dated 16-07-2024 3. Agreement no.3 DN/2024-2025, dated 16-07-2024 4. Agreement no.4 DN/2024-2025, dated 16-07-2024 5. Agreement no.5 DN/2024-2025, dated 16-07-2024 6. Agreement no.6 DN/2024- 2025, dated 16-07-2024 7. Agreement no.29 DN/2024-2025, dated 25-07-2024 5 8. Agreement no.30 DN/2024-2025, dated 25-07-2024 3. After execution of the said works as per the said agreements, the respondents also issued quality control certificates as under: Sl.No. Agreement Date of Quality Control Certificate Amount in Rupees 1 Agreement no.1 DN/2024-2025, dated 12-07-2024 19.02.2025 6,05,433/- 2 Agreement no.2 DN/2024-2025, dated 16-07-2024 19.02.2025 5,53,033/- 3 Agreement no.3 DN/2024-2025, dated 16-07-2024 19.02.2025 4,36,779/- 4 Agreement no.4 DN/2024-2025, dated 16-07-2024 28.02.2025 8,28,162/- 5 Agreement no.5 DN/2024-2025, dated 16-07-2024 25.02.2025 13,76,100/- 6 Agreement no.6 DN/2024- 2025, dated 16-07-2024 19.02.2025 5,96,587/- 7 Agreement no.29 DN/2024-2025, dated 25-07-2024 19.02.2025 5,91,754/- 8 Agreement no.30 DN/2024-2025, dated 25-07-2024 25.02.2025 10,13,889/- 4. As the payment of the said amounts has not been made by the respondents, the petitioners have approached this Court by way of this writ petition. 6 5. It is the contention of the petitioners that even though the respondents admitted that the petitioners are entitled for payment of the aforesaid sum of money, no payment is being made. The petitioners contends that such non- payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 6. 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. 7. On the other hand, learned Assistant Government Pleader for Irrigation, on oral instructions has submitted that since the budget was not released by the Government, the bills were not paid to the petitioners. Soon after release of the budget by the Government, the bills will be paid to the petitioners, as per the quality control certificates mentioned in the aforesaid table. 8. 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 petitioners, this Writ Petition is disposed of with a direction to the respondents to release the amount payable to the petitioners as per the quality control certificates mentioned in the table supra, within a period of six (06) months from the date of receipt of a copy of this order. No costs. 7 9. 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. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date:07.10.2025. Gss