APHC010290922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14733/2025 Between: 1. CH SIVA REDDY, S/O. SRINIVASULU REDDY, AGED 62 YEARS, R/O. POLAIAHGARI STREET, KAVUVOYA VILLAGE KAVUVOYA MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER, , CADA, VIJAYAWADA, NTR DISTRICT. 4. THE SUPERINTENDING ENGINEER, NELLORE CENTRAL DIVISION, NELLORE. 2 VS,J W.P.NO.14733 OF 2025 5. THE EXECUTIVE ENGINEER, WRD, NELLORE CENTRAL DIVISION, NELLORE. ...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 order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying bills of Rs. 17,81,988/- for the work executed by the O AND M Category A 2019-20 (Khariff) - Removal of weed (School and water Hyacinth) from the bed of Southern Channel in between Km 15.500 to Km 31.300 near Pothireddypalem Village in Kovur Mandal of SPSR Nellore District under Agreement No. 73 0 AND M/2019-20 dated 16.10.2019, as illegal, arbitrary, mala fide, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitution of India and consequently direct the respondents to pay the amounts of Rs. 17,81,988/- for the work executed by the petitioner forthwith 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 pleasedto direct the respondents herein to pay the amount of Rs. 17,81,988/- for executing the work under Agreement No. 73 O&M/2019-20 dated 16.10.2019 forthwith, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. RAMESH BABU TALLURI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 3 VS,J W.P.NO.14733 OF 2025 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.14733 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14733/2025 ORDER:- This writ petition is 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 paying bills of Rs.17,81,988/- for the work executed by the petitioner i.e., O & M Category „A‟ 2019-20 (Khariff) - Removal of weed (School and water Hyacinth) from the bed of Southern Channel in between Km 15.500 to Km 31.300 near Pothireddypalem Village in Kovur Mandal of SPSR Nellore District under Agreement No.73 0 & M/2019-20 dated 16.10.2019, as illegal, arbitrary, malafide, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitution of India and consequently direct the respondents to pay the amounts of Rs.17,81,988/- for the work executed by the petitioner forthwith…” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate dated 11.05.2020 to a tune of Rs.17,81,988/-. 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 5 VS,J W.P.NO.14733 OF 2025 the aforesaid sum of money, 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 Government Pleader on oral instructions stated 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, however, admitted the amount payable to the petitioner as per the quality control certificate dated 11.05.2020 filed by the petitioner to a tune of Rs.17,81,988/- 6. 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 amount to the petitioner in accordance with the quality control certificate dated 11.05.2020 issued by the 6 VS,J W.P.NO.14733 OF 2025 respondents within a period of three (03) 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 Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :01.12.2025 JLV 7 VS,J W.P.NO.14733 OF 2025 72 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14733/2025 Dt.01.12.2025 JLV