APHC010082922023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4133/2023 Between: 1. VEMURI SATYA SAI VARA PRASAD, S/O V. ARJUN RAO, AGE. 49 YEARS OCC. CONTRACTOR, R/O.26-2-14, PATAMATA, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM, ANDHRA PRADESH. 4. THE ENGINEER IN CHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 5. THE SUPERINTENDING ENGINEER IRRIGATION AND WATER, RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, 2 VS,J W.P.No.4133 of 2023 VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 6. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, K.C. DIVISION, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 7. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION, GUDIVADA, KRISHNA DISTRICT. 8. THE EXECUTIVE ENGINEER, WATER DEPARTMENT, KRISHNA EASTERN DIVISION, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...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 or order, orders or directions more particularly one in the nature of Writ of Mandamus - i)Declaring the action of the respondents in not releasing the bill amount of Rs.7,42,154/-, 6,57,804/-, 5,44,603/- and 1,58,315/- with two times security deposit of Rs.48,653/- and 48,653/- with an EMD of Rs.6,826/-, 6,617/-, 4,957/- and 1,593 respectively to the petitioner for the contract works done for removal of weed growth for the years 2021-2022 at Gudivada, Krishna District, Andhra Pradesh Pursuant to M-Book Nos.676, 678, 3706 and 677 respectively which was kept pending even after finalizing the bills as illegal, arbitrary, discriminative, mala fide, unjust, colorable exercise of powers besides violative of the Arts.14 and 21 of the Constitution of India. and ii) Consequently, direct the respondents to release the bills for the above completed works immediately with 12percent GST and Interest. and pass IA NO: 1 OF 2023 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 release the bill amount of Rs.7,42,154/-, 6,57,804/-, 5,44,603/- and 1,58,315/- with two times security deposit of Rs.48,653/- and 48,653/- with an EMD of Rs.6,826/-, 6,617/-, 4,957/- and 1,593 respectively to the petitioner for the contract works done for removal of weed growth for the years 2021-2022 at Gudivada, Krishna District, Andhra 3 VS,J W.P.No.4133 of 2023 Pradesh Pursuant to M-Book Nos.676, 678, 3706 and 677 respectively which was kept pending even after finalizing the bills 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 May be pleased to consider the existing Duplicate Bundle(D.B.) as the English Bundle(E.B). For the adjudication of the case and to pass Counsel for the Petitioner: 1. DURGA MAHINDRA PONNAM 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.4133 of 2023 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 or order, orders or directions more particularly one in the nature of Writ of Mandamus - i)Declaring the action of the respondents in not releasing the bill amount of Rs.7,42,154/-, 6,57,804/-, 5,44,603/- and 1,58,315/- with two times security deposit of Rs.48,653/- and 48,653/- with an EMD of Rs.6,826/-, 6,617/-, 4,957/- and 1,593 respectively to the petitioner for the contract works done for removal of weed growth for the years 2021-2022 at Gudivada, Krishna District, Andhra Pradesh Pursuant to M-Book Nos.676, 678, 3706 and 677 respectively which was kept pending even after finalizing the bills as illegal, arbitrary, discriminative, mala fide, unjust, colorable exercise of powers besides violative of the Arts.14 and 21 of the Constitution of India. and ii) Consequently, direct the respondents to release the bills for the above completed works immediately with 12percent GST and Interest. and pass….” 2. The petitioner had been awarded the contract of (i) removal of weed growth in Bandirevucodu medium drain and its minor drains for the year 2021- 2022, (ii) removal of weed growth in minor drains falling into Atkuru UT medium drain for the year 2021-2022, (iii) removal of weed growth in Chillalavagu medium drain for the year 2021-2022 and (iv) removal of weed growth in minor drains infalling into Chillalavagu medium drain for the year 2021-2022 by the Irrigation Department. After execution of the said contract, as the payment of the amounts payable to the petitioner have not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 5 VS,J W.P.No.4133 of 2023 3. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment, 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 for Irrigation has furnished a copy of the letter addressed by the 6th respondent vide letter No.EE/DRG/GDV/AB/A3/Court cases/1748, dated 22.12.2025, wherein it is stated that the petitioner has completed the works as per the respective agreements and the petitioner was paid for two out of four works executed by them and the status of the bills is as under: Sl. No. Name of work NIDHI Bill number Bill amount Status of Bill 1 O&M for removal of weed growth in Chillalavagu medium drain (in weed free condition) for the year 2021- 22 2023-1346128 CFMS Rs.5,44,603/- RBI092248074402, date: 31.03.2024 2 O&M for removal of weed growth in minor drains infalling into Chillalavagu medium drain (in weed free condition) for the year 2021- 22 2023-1338657 CFMS Rs.1,58,315/- RBI27223938422, Date: 29.09.2023 3 O&M – removal of weed growth in Bandirevucodu medium drain and its minor Rs.7,42,155/- Bill is not uploaded due to lack of L.O.C. 6 VS,J W.P.No.4133 of 2023 drains (in weed free condition) for the year 2021- 22 4 O&M – removal of weed growth in minor drains infalling into Atkuru UT medium drain for the year 2021-22 Rs.6,57,804/- Bill is not uploaded due to lack of L.O.C. 6. In view of fact that the amounts payable to the petitioner for two out of four works were already paid and as the amounts payable to the petitioner for the remaining two executed works are admitted by the respondents, instead of keeping the writ petition pending, this writ petition is disposed of and the respondents are directed to pay the admitted amounts payable to the petitioner, within a period of two (2) 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. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 22.12.2025 Gss