APHC010325272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16607/2024 Between: 1. G SRIDHAR GOPALA KRISHNA, S/O. G. RAMA MOHAN RAO, AGED ABOUT 46 YEARS, ENGINEER AND CLASS I CONTRACTOR, R/O D.N0.59A-21-7/1A, FLAT NO.203, VENKAT MEADOWS, R.R. GARDENS, PATAMATA, VIJAYAWADA - 520 007, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, REP. BY ITS PRINCIPAL SECRETARY. GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, REP. BY ITS PRINCIPAL SECRETARY. GUNTUR DISTRICT. 3. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, GUNTUR DISTRICT. 5. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE (MAJOR IRRIGATION), WATER RESOURCES DEPARTMENT, GUNTUR DISTRICT. 6. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, REPALLE, 2 VS,J W.P.No.16607 of 2024 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 to issue a Writ of MANDAMUS, declaring the action of the Respondents herein in not making payment of Final Bill pertaining to 1. Agreement No.09/2023-24, dated 05.07.2023, for a final bill amount of Rs. 16,53,294/-, vide DR No 03/2023-24, dated 19.05.2023, 2. Agreement No. 10/2023-24, dated 05.07.2023, for a final bill amount of Rs. 18,09,608/-, vide DR No 04/2023-24, dated 19.05.2023, executed between the Petitioner and 6th Respondent herein, basing upon the Contract Final Bill issued in that regard, as illegal, arbitrary and violative of Article 14 and 19(l)(g) of the Constitution of India and consequently direct the Respondents herein to make payment of the final bill to the Petitioner in respect of the above said agreement, forthwith in accordance with Sections 15 and 16 of the MSME, Act, 2006 and to pass such 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 to direct the Respondents to make payments in respect of 1. Agreement No.09/2023-24, dated 05.07.2023, for a final bill amount of Rs. 16,53,294/-, vide DR No;03/2023-24, dated 19.05.2023, 2. Agreement No. 10/2023-24, dated 05.07.2023, for a final bill amount of Rs. 18,09,608/-, vide DR No: 04/2023-24, dated 19.05.2023, forthwith in accordance with Sections 15 8i 16 of the MSME, Act, 2006, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1. VENKAT CHALASANI 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.16607 of 2024 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, declaring the action of the Respondents herein in not making payment of Final Bill pertaining to 1. Agreement No.09/2023-24, dated 05.07.2023, for a final bill amount of Rs. 16,53,294/-, vide DR No:03/2023- 24, dated 19.05.2023, 2. Agreement No.10/2023-24, dated 05.07.2023, for a final bill amount of Rs.18,09,608/-, vide DR No:04/2023-24, dated 19.05.2023, all agreements executed between the Petitioner and 6th Respondent herein, basing upon the Contract Final Bill issued in that regard, as illegal, arbitrary and violative of Article 14 and 19(l)(g) of the Constitution of India and consequently direct the Respondents herein to make payment of the final bill to the Petitioner in respect of the above said agreement, forthwith in accordance with Sections 15 & 16 of the MSME, Act, 2006….” 2. The petitioner had been awarded the contract of works vide Agreement Nos.09 and 10/2023-24, dated:05.07.2023 for a final bill amount of Rs.16,53,294/- and Rs.18,09,608/- respectively by the respondents. After execution of the aforementioned contract works, the respondents issued two quality control certificates i.e., 1. dated 23.05.2025 for a sum of Rs.8,10,563/- and 2. for a sum of Rs.7,91,047/-. 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. 4 VS,J W.P.No.16607 of 2024 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- 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. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the two quality control certificates i.e., 1. dated 23.05.2025 for a sum of Rs.8,10,563/- and 2. for a sum of Rs.7,91,047/-. 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 of the case, 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 two quality control certificates i.e., 1. dated 23.05.2025 for a sum of Rs.8,10,563/- 5 VS,J W.P.No.16607 of 2024 and 2. for a sum of Rs.7,91,047/- issued by the respondents, within a period of three (03) months from the date of receipt of a copy of this order. 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: 09.12.2025 KGR