APHC010545332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29016/2025 Between: 1. SWATHI ENGINEERING COMPANY, REP BY ITS PROPRIETOR CH ANJANEYUIU, S/O DURGA RAO, AGED 63 YEARS, S/O. NAGA BASAVAIAH, AGED ABOUT 39 YEARS, R/O. D.NO. 14-10-8, MUTTON NARASAIAH STREET, HANUMAN PET, VIJAYAWADA, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR IRRIGATION WING, MACHILIPATNAM, KRISHNA DISTRICT. 4. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, N.T.R. DISTRICT. 5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, VIJAYAWADA, N.T.R. DISTRICT. 2 VS,J W.P.No.29016/2025 6. THE EXECUTIVE ENGINEER, THE EXECUTIVE ENGINEER IRRIGATION AND WATER, RESOURCES DEPARTMENT, KRISHNA CENTRAL DIVISION, VIJAYAWADA, KRISHNA 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 38,86,614/- , 1) Rs. 38,86,614/-, vide its Agreement No. 24/2023-24, for which the name of work was O and M such as De silting of East Channel branch Channels and repairs to shutters under Divi East Section, Koduru in Koduru Mandal of Krishna District for the year 2023- 24 for which the total amount was Rs. 38,86,614/-,for the completion of O and M works under Irrigation Department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 38,86,614/- plus 18percentage GST for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith 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 leased to direct the respondents releasing the Final Bill amount of Rs. 38,86,614/- plus 18percentage GST, for execution of completion of O and M works under Irrigation Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA 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.29016/2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.38,86,614/-, 1) Rs.38,86,614/-, vide its Agreement No.24/2023-24, for which the name of work was O and M such as De silting of East Channel branch Channels and repairs to shutters under Divi East Section, Koduru in Koduru Mandal of Krishna District for the year 2023-24 for which the total amount was Rs.38,86,614/-,for the completion of O and M works under Irrigation Department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 38,86,614/- plus 18percentage GST for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass such other order or orders….” 2. The petitioner had been awarded the contract of work vide agreement No.24/2023-24, by the Irrigation Department. After execution of the aforementioned contract work, the respondents issued quality control certificate i.e., dated 21.01.2025 for a sum of Rs.33,38,768/-. 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 amount, no payment is being made. The petitioner contends that such non- 4 VS,J W.P.No.29016/2025 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 certificate i.e., dated 21.01.2025 for a sum of Rs.33,38,768/-. 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 certificate i.e., dated 21.01.2025 for a sum of Rs.33,38,768/- issued by the respondents, within a period of five (05) months from the date of receipt of a copy of this order. 5 VS,J W.P.No.29016/2025 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: 07.11.2025 KBN 6 VS,J W.P.No.29016/2025 64 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29016/2025 Date: 07.11.2025 KBN