APHC010412252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21146/2024 Between: 1. M/S S V S ENGINEERING AND COMPANY, REP. BY ITS PROPRIETOR S V SUBRAHMANYAM, S/O. BALA SESHAIAH, AGED ABOUT 8 YEARS, OCC CONTRACTOR, R/O. H.NO 7-271, NEHRU BAZAR, MARKAPUR, PRAKASAM DISTRICT, PINCODE 523316. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE 86 PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DIRECTOR, GROUND WATER AND WATER AUDIT DEPARTMENT, HEAD OF THE DEPARTMENT, HANUMANPET, VIJAYAWADA, NTR DISTRICT. 4. THE JOINT DIRECTOR, GROUND WATER AND WATER AUDIT DEPARTMENT, HEAD OF THE DEPARTMENT, HANUMANPET, VIJAYAWADA, NTR DISTRICT. 5. THE DEPUTY DIRECTOR, GROUND WATER AND WATER AUDIT 2 VS,J W.P.No.21146 of 2024 DEPARTMENT, ONGOLE, PRAKASAM DISTRICT. 6. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BIOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, 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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the net balance amount and 2.5 percent EMD dm 7.5 percent withheld amounts with a Grand Total of Rs.2,30,896/- vide BiU No. 228/2017-18, even after completion of defect liability period, refund payable to the petitioner in relation to the work i.e., Construction of 15 Nos of Bore Wells under TSP in Prakasam District, vide Agreement No. 1236/ TSP/ ITDA (PTF-Chenchu)/2017-18, dated 04.10.2017 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to release the 2.5 percent EMD and 7.5percent withheld amounts with a Grand Total of Rs.2,30,896/- vide Bill No. 228/2017-18, to the petitioner in respect of above-mentioned work forthwith and pass 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 Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following: 3 VS,J W.P.No.21146 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 or any other appropriate writ or direction declaring the action of the Respondents not releasing the net balance amount and 2.5 percent EMD dm 7.5 percent withheld amounts with a Grand Total of Rs.2,30,896/- vide BiU No. 228/2017-18, even after completion of defect liability period, refund payable to the petitioner in relation to the work i.e., Construction of 15 Nos of Bore Wells under TSP in Prakasam District, vide Agreement No. 1236/ TSP/ ITDA (PTF- Chenchu)/2017-18, dated 04.10.2017 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to release the 2.5 percent EMD and 7.5percent withheld amounts with a Grand Total of Rs.2,30,896/- vide Bill No. 228/2017-18, to the petitioner in respect of above-mentioned work forthwith and pass….” 2. The petitioner had been awarded the contract of executing the work of construction of 15 bore wells under TSP in Prakasam district vide agreement No.1236/TSP/ITDA (PTF-Chenchu)/2017-18, dated 04.10.2017 by the Irrigation Department. After execution of the said contract, the respondents are not releasing withheld amounts of Rs.2,30,896/-. 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 the aforesaid sum of money, no payment is being made. The petitioner contends that such non- 4 VS,J W.P.No.21146 of 2024 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. During the course of hearing, learned Assistant Government Pleader for Irrigation has submitted a copy of the letter addressed by the Deputy Director, Ground Water and Water Audit Department, Ongole, dated 17.10.2025 wherein it is admitted that the withheld amount, EMD and FSD were kept on hold by the respondents and stated that the same is pending for payment. It is further stated that vide letter dated 08.10.2025, the Ground Water and Water Audit Department requested the Government to release an amount of Rs.20,00,000/- for payment of pending bills towards drilling of borewells under Tribal Sub-Plan to different firms in the districts including the petitioner’s firm. 6. In view of the same, 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. 5 VS,J W.P.No.21146 of 2024 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 05.11.2025 Gss