APHC010435342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22829/2025 Between: 1. CHANDU SOMAIAH, S/O. VENKATADRI, AGE 62 YEARS OCC CONTRACTOR, R/O D.NO. 5-255, BURRIPALEM, GUNTUR DIST, 522 301 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DIST., 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DIST., 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, AMARAVATHI, GUNTUR DIST., 4. THE DISTRICT COLLECTOR, GUNTUR DIST., 5. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, GUNTUR, DIST., 6. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, REPALLE., 7. THE EXECUTIVE ENGINEER, K.W.DIVISION, TENALI. 2 VS,J W.P.No.22829 of 2025 ...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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for execution of works by the Petitioner works under 1. Agreement No. 18/2023-24, dt.21-06-2023 2. Agreement No. 30/2023-24, dt.06-07-2023 3. Agreement No. 10KW/2023-24, dt.20-06-2023 4. Agreement No. 33KW/2023-24, dt.25- 07-2023 5. Agreement No. 35KW/2023-24, dt.25-07-2023 6. Agreement No. 36KW/2023-24, dt.25-07-2023 7. Agreement No. 37KW/2023-24, dt.25-07-2023. Total seven works amount of Rs.47,81,909/- to the petitioner with 6 percentage interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6 percentage interest 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 to release the amount of Rs.47,81,909/- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition and to pass Counsel for the Petitioner: 1. K L N SWAMY 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.22829 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22829/2025 ORDER: 1. The petitioner had been awarded the contract of seven works as per the agreements dated 21.06.2023, 06.07.2023, 20.06.2023, 25.07.2023 by the respondents. After execution of the aforementioned contract works, the respondents issued seven quality control certificates dated 02.08.2024, 10.06.2024, 10.09.2024, 24.06.2024, 01.07.2024, 01.07.2024 and 08.11.2024 to a tune of Rs.5,13,499/-, Rs.7,50,762/-, Rs.3,48,369/-, Rs.2,80,611/-, Rs.6,64,481/, Rs.5,89,751/- and Rs.6,15,101/- respectively. 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. 2. 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. 3. 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 4 VS,J W.P.No.22829 of 2025 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. 4. On the other hand, learned Government Pleader for Irrigation as well as Finance & Planning, on oral instructions, has stated 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, however, admitted the amounts payable to the petitioner as per the quality control certificates dated 02.08.2024, 10.06.2024, 10.09.2024, 24.06.2024, 01.07.2024, 01.07.2024 and 08.11.2024 to a tune of Rs.5,13,499/-, Rs.7,50,762/-, Rs.3,48,369/-, Rs.2,80,611/-, Rs.6,64,481/-, Rs.5,89,751/- and Rs.6,15,101/- respectively. 5. 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 admitted amounts to the petitioner in accordance with the above referred quality control certificates issued by the respondents within a period of four (04) months from the date of receipt of a copy of this order. 6. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of 5 VS,J W.P.No.22829 of 2025 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. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________ JUSTICE V.SUJATHA Dt:07.10.2025 JLV 6 VS,J W.P.No.22829 of 2025 94 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22829/2025 Dt:07.10.2025 JLV