APHC010539332025 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: 27964/2025 Between: 1. K.V. RAMANA REDDY, S/O. K.V. SUBBA REDDY AGED ABOUT 48 YEARS, OCC CONTRACTOR, R/O. PLOT.NO. 301, SRI SIRI AVENUE, MARUTHI CO-OP COLONY, PATAMATA, VIJAYAWADA, N.T.R. DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM 3. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, N.T.R. DISTRICT, 4. THE SUPERINTENDING ENGINEER, SUPERINTENDING ENGINEER IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, VIJAYAWADA, N.T.R. DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION , GUDIVADA, KRISHNA DISTRICT. 6. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY 2 VS,J W.P.No.27964 of 2025 (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, N.T.R. DISTRICT. 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 8. THE PAY AND ACCOUNTS OFFICER, SURYAPETA, NEAR ANDHRA HOSPITAL, VIJAYAWADA, N.T.R 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 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 an amount of Rs.17,53,873/- vide Agreement No.94/2024-25, dated 04.02.2025, D.R.No. 57/2024-25 and M.Book.No.6388DG and also uploaded in CFMS portal vide CFMS.No. 2025-557970, with interest of execution of completion of Irrigation work, name of the work Restoration of irrigation System for effective Water Regulation including Monitoring and Management in Budameru Major Drain from KM. 19.200 to KM 25.600 and infalling Minor Drains, 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 bill of total amount worth of Rs.17,53,873/- for execution of completion of Irrigation works under Irrigation Department as per agreement to 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 pleased to direct the respondents releasing the Final Bill amount of Rs.17,53,873/-, with interest of execution of completion of O&M works under Irrigation Department as per agreement to the petitioner forthwith, and to pass 3 VS,J W.P.No.27964 of 2025 Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.No.27964 of 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 an amount of Rs.17,53,873/- vide Agreement No.94/2024-25, dated 04.02.2025, D.R.No. 57/2024-25 and M.Book.No.6388DG and also uploaded in CFMS portal vide CFMS.No. 2025-557970, with interest of execution of completion of Irrigation work, name of the work Restoration of irrigation System for effective Water Regulation including Monitoring and Management in Budameru Major Drain from KM. 19.200 to KM 25.600 and infalling Minor Drains, 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 bill of total amount worth of Rs.17,53,873/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass….” 2. The petitioner had been awarded the contract of executing the work of restoration of irrigation system for effective water regulation including monitoring and management in Budameru major drain from KM 19.200 to KM 25.600 and infalling minor drains by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate dated 01.05.2025 to a tune of Rs.25,16,692/-. As the payment of the said 5 VS,J W.P.No.27964 of 2025 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- 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. Though the petitioner sought payment of Rs.17,53,873/- from the respondents, a quality control certificate dated 01.05.2025 to a tune of Rs.25,16,692/- was issued in favour of the petitioner. As such, learned counsel for the petitioner has requested this Court to direct the respondents to pay the admitted amounts to the petitioner. On the other hand, learned Assistant Government Pleader for Irrigation on oral instructions has admitted the amounts payable to the petitioner as per the quality control certificate dated 01.05.2025 but has submitted that since the budget was not released by the Government, the bills were not paid to the petitioner and soon after release of the budget by the Government, the bills will be paid to the petitioner. 6 VS,J W.P.No.27964 of 2025 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 as per the quality control certificate dated 01.05.2025, within a period of three (3) months from the date of receipt of a copy of this order. 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