Extracted from the PDF above. The PDF is authoritative.
APHC010158382025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8327/2025 Between:
1. T.VARA MANIKANTA,, S/OT.LAKSHMI NARAYANA, AGE 35 YRS, OCC PRIVATE SERVICE, R/O PATAPATTISAM VILLAGE, POLAVARAM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 3. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT AT ELURU, ELURU DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, UPLAND SUB DIVISION, KOYYALAGUDEM ELURU DISTRICT. 5. THE DISTRICT COLLECTOR, ELURU DISTRICT AT
2
VS,J
W.P.NO.8327 OF 2025 ELURU. ...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 direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not paying the bills raised by the Petitioner's father for the contract work done by him under O and M programme for Rs.7,14,952/- after completion of the work is illegal, arbitrary and unconstitutional and consequently direct the Respondent Authorities to pay the bill amount of Rs.7,14,952/- along with interest @ 12percent per annum in the interest of justice Counsel for the Petitioner:
1. M P V N V SASTRI Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR IRRI AND CAD
3. 4. GP FOR FINANCE PLANNING The Court made the following:
3
VS,J
W.P.NO.8327 OF 2025
ORDER:-
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“….to issue order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not paying the bills raised by the Petitioner's father for the contract work done by him under O and M programme for Rs.7,14,952/- after completion of the work is illegal, arbitrary and unconstitutional and consequently direct the Respondent Authorities to pay the bill amount of Rs.7,14,952/- along with interest @ 12percent per annum in the interest of justice...”
2. The petitioner had been awarded the contract of work(s) by the Irrigation Department.
After execution of the said contract, the respondents also issued quality control certificate to a tune of Rs.7,57,604/-. 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 money, no payment is being made. The
4
VS,J
W.P.NO.8327 OF 2025 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 Government Pleader placed oral instructions 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 amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.7,57,604/-. 6. 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 amount to the petitioner in accordance with the quality control certificate dated 14.06.2023 issued by the
5
VS,J
W.P.NO.8327 OF 2025 respondents within a period of two (02) months from the date of receipt of a copy of this order. No costs. 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. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :29.10.2025 LSP
6
VS,J
W.P.NO.8327 OF 2025
168
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 8327/2025
29.10.2025 LSP