APHC010382792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19677/2025 Between: SANKU VEERA VENKATA RAMBABU, S/O. SANKU VENKATA SATYANARAYANA, AGED ABOUT 52 YEARS, R/O. D.NO. 27-03-102, NEAR RAYALAM BRIDGE, BHIMAVARAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER 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, BHIMAVARAM, WEST GODAVARI DISTRICT. 4. THE ENGINEER INCHIEF, , MINOR AND MAJOR IRRIGATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, ELURU, ELURU DISTRICT. 2 VS, J W.P.No.19677 of 2025 6. THE EXECUTIVE ENGINEER IRRIGATION AND WATER, RESOURCES DEPARTMENT, GODAVARI WESTERN DIVISION, NIDADAVOLE, EAST GODAVARI DISTRICT. 7. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT. 8. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI, GUNTUR DISTRICT. 9. THE PAY AND ACCOUNT OFFICER, DOWILESWARAM, EAST GODAVARI 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 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. 30,91,352/-, 1) Amount of Rs. 12,52,212/- vide Agreement No. 85/2024-25, for which the work .Removal of Tape grass for the bed of Eluru canal bet KM 56.00 to 73.33 for free flow of water Tailend Ayacut for Fasali 1433 in Irrigation section, Gundugolanu for supply of water for Rabi 2023-24., 2) Amount Rs. 6,93,317/-, vide its Agreement No. 58/2024-25, for which the work .OandM to AM of weed free for the year 2024-25 in Eluru Canal bet KM. 19.200 to 32.000 and its distributary Channels under Irrigation Section, Tadepalligudem in West Godavari District., 3) Amount of Rs. 11,45,823/- vide Agreement No. 47/2024-25, for which the work .OandM to AM of weed free of Channels and Branch Channels in the jurisdiction of WUA's Pulla's, Amberpeta, Bhimadolu, Gundugolanu for the year 2024-2025., with interest of execution and 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 Article 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. 30,91,352/-for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith, and pass IA NO: 1 OF 2025 3 VS, J W.P.No.19677 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 Bills of total amount worth of Rs. 30,91,352/-, for execution of completion of O & M works under Irrigation Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition and pass 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: 4 VS, J W.P.No.19677 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 amount worth of Rs. 30,91,352/-, 1) Amount of Rs. 12,52,212/- vide Agreement No. 85/2024-25, for which the work .Removal of Tape grass for the bed of Eluru canal bet KM 56.00 to 73.33 for free flow of water Tailend Ayacut for Fasali 1433 in Irrigation section, Gundugolanu for supply of water for Rabi 2023-24., 2) Amount Rs. 6,93,317/-, vide its Agreement No. 58/2024-25, for which the work .OandM to AM of weed free for the year 2024-25 in Eluru Canal bet KM. 19.200 to 32.000 and its distributary Channels under Irrigation Section, Tadepalligudem in West Godavari District., 3) Amount of Rs. 11,45,823/- vide Agreement No. 47/2024-25, for which the work .OandM to AM of weed free of Channels and Branch Channels in the jurisdiction of WUA's Pulla's, Amberpeta, Bhimadolu, Gundugolanu for the year 2024-2025., with interest of execution and 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 Article 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. 30,91,352/-for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith…... ” 2. The petitioner had been awarded the contract of three works as per the agreement Nos.85/2024-25, 58/2024-25 and 47/2024-25 by the respondents. 5 VS, J W.P.No.19677 of 2025 After execution of the aforementioned contract works, the respondents issued quality control certificates, dated 01.11.2025 for a sum of Rs.11,45,823/-, Rs.6,93,317/- and Rs.12,52,212/-. 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- 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 certificates dated 01.11.2025 for a sum of Rs.11,45,823/-, Rs.6,93,317/- and Rs.12,52,212/-. 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 VS, J W.P.No.19677 of 2025 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 respondent Nos.2 to 9 to release the amounts to the petitioner in accordance with quality control certificates dated 01.11.2025 for a sum of Rs.11,45,823/-, Rs.6,93,317/- and Rs.12,52,212/- issued by the respondents, within a period of four (4) 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: 24.11.2025 KGR