APHC010299612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15244/2024 Between: 1. L. LOKESWARA REDDY, S/O L. NAGARATHNAM REDDY, AGED ABOUT 55 YEARS, OCC CONTRACTOR, R/O MATHYAMPAIPALLI VILLAGE AND POST, THAVANAMAPALLI MANDAL, CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE PROJECT DIRECTOR, ANDHRA PRADESH INTEGRATED IRRIGATION AND AGRICULTURE TRANSFORMATION (APIIATP) AND SPECIAL COMMISSIONER, CADA, WATER RESOURCES DEPARTMENT, VIJAYAWADA 3. EXECUTIVE ENGINEER I AND CAD, IRRIGATION DIVISION, CHITTOOR -517001 2 VS,J W.P.NO.15244 OF 2024 4. DEPUTY EXECUTIVE ENGINEER, III SUB DIVISION, CHITTOOR 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 topleased to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of an amount of Rs.16,59,345/- even after finalizing the bill payable to the petitioner in relation to the work Rehabilitation of papireddy cheruvu (Independent) in Nagiripalli village in Chittoor District as per the Agreement No. 01(APIIATP) EE/2020-21 Dt.11.01.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of the bill of Rs.16,59,345/- with an interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass Prayer is amended as per Court's Order dt. 01/05/2025 in IA 1/2025. 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 pleased to DIRECT the respondents to consider for payment of Rs.34,00,000/- with an interest of 24% per annum for the delayed amount to the petitioner in respect of execution of work i.e., Rehabilitation of papireddy cheruvu (Independent) in Nagiripalli village in Chittoor District as per the Agreement No. 01(APIIATP) EE/2020-21, Dt. 11.01.2021., pending disposal of the Writ Petition and pass 3 VS,J W.P.NO.15244 OF 2024 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 permit the petitioner to amend main prayer with respect to the bill amount to Rs. 16,59,345/-instead of 34,00,000/- as well as the I.A. prayer and pass IA NO: 2 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 permit/receive counter copies on record by granting leave to the Respondent in the above writ petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.NO.15244 OF 2024 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 an amount of Rs.16,59,345/- even after finalizing the bill payable to the petitioner in relation to the work “Rehabilitation of papireddy cheruvu (Independent) in Nagiripalli village in Chittoor District” as per the Agreement No. 01(APIIATP) EE/2020-21, Dt.11.01.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of the bill of Rs.16,59,345/- with an interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith pass...”(IN VERBATIM) 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents are liable to pay an amount of Rs.16,59,345/-. As the payment of the said amounts have 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 5 VS,J W.P.NO.15244 OF 2024 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. Respondent No.4 has filed a counter stating that measurements were taken by the field staff and the LS I & Part bill for Rs.15,83,200/- towards payment of above work bill is prepared by the Deputy Executive Engineer, Irrigation Sub- division, Chittoor. Administrative sanction, Technical Sanction and Agreement were uploaded and got approved in CFMS Portal. On 23.03.2024, the Digitial M.Book No.1000076570/Pg.1 was crated in CFMS Portal for the said work. While submitting the Digital M.Book the work flow problem in CFMS has been arised. The SRT (Service Request Number.SRT0707222) was raised to resolve the issue on 02.02.2025. The CFMS officials instructed on 10.02.2025 that “as per the G.O.Ms,No.52 dated 06.10.2021 if 6 VS,J W.P.NO.15244 OF 2024 M.Book measurement value less than Rs.25.00 lakhs, the Deputy Executive Engineer is Approver. Please do work flow in CFMS”. Accordingly, digital m.book No.1000076570/Pg.1 was cancelled in the Maker(AEE) login and assigned a new Digital m book No.10000103871/Pg.1 on 11.02.2025 with Dee as approver in the work flow for the digital m book No.10000103871/Pg.2 for the above said work. Meanwhile, in the CFMS Portal, Normal work bills were stopped except Neeru Chettu Bills. Now new budget for the financial year 2025-26 is now uploading in the Nidhi portal. After unfreezing of CFMS portal for the work bills, the above work bill will be uploaded at the earliest. 6. In view of the above, this writ petition is disposed of with a direction to the respondents to pay the admitted amount to the petitioner, as expeditiously as possible, preferably 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 7 VS,J W.P.NO.15244 OF 2024 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 :04.11.2025 LSP 8 VS,J W.P.NO.15244 OF 2024 277 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15244/2024 04.11.2025 LSP