APHC010128922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6950/2025 Between: 1. RKN PROJECTS PRIVATE LTD, AUTHORISED BY, N. SAI HEMANTH KUMAR, S/O N.RAMESH KUMAR, AGED ABOUT 30 YEARS, OCC CONTRACTOR, R/O D NO 26-2-29, 2ND LANE, RITHWIK, ENCLAVE,A.K.NAGAR, NELLORE, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, NELLORE, S.P.S.R. NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, WRD, NELLORE CENTRAL DIVISION, S.P.S.R NELLORE DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB- DIVISION, 2 VS,J W.P.No.6950 of 2025 BUCHIREDDYPALEM, S.P.S.R NELLORE 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 tomay be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents not paying LS-I and Part Bill amount of Rs.28,09,73,337/- for execution of the work under Construction of Submersible Cause Way Across The Pennar River Between Mudivarthi And Mudivarthipalem (V), Vidavaluru Mandal, SPSR Nellore District, with Agreement No 51SE/2023-24 Dated 22.01.2024 to the petitioner is arbitrary, illegal and violative of Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay the LS-1 and Part Bill amount of Rs.28,09,73,337/- with interest to the petitioner and pass such 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 may be pleased to direct the Respondents to pay the theLS-1 and Part Bill amount of Rs.28,09,73,337/- for execution of the workunder “Construction of Submersible Cause Way Across The Pennar River Between Mudivarthi And Mudivarthipalem (V), Vidavaluru Mandal, SPSR Nellore District, with Agreement No: 51SE/2023-24 Dated: 22.01.2024 to the petitioner immediately, pending disposal of the main writ petition and pass such Counsel for the Petitioner: 1. S SIVA KUMARI 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.6950 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents not paying LS- I and Part Bill amount of Rs.28,09,73,337/- for execution of the work under Construction of Submersible Cause Way Across The Pennar River Between Mudivarthi And Mudivarthipalem (V), Vidavaluru Mandal, SPSR Nellore District, with Agreement No 51SE/2023-24 Dated 22.01.2024 to the petitioner is arbitrary, illegal and violative of Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay the LS-1 and Part Bill amount of Rs.28,09,73,337/- with interest to the petitioner and pass such….” 2. The petitioner has been awarded the contract of construction of submersible causeway across the Pennar river between Mudivarthi and Mudivarthipalem village of Vidavaluru mandal of SPSR Nellore district by the Irrigation Department. After execution of the said contract, as the payment of the amount payable to the petitioner has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. As directed by this Court on 01.12.2025, respondent Nos.3 and 4 have appeared before this Court and produced instructions with regard to the amounts payable to the petitioner. 4 VS,J W.P.No.6950 of 2025 4. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment, 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. 5. 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. 6. On the other hand, learned Assistant Government Pleader for Irrigation has furnished a copy of the letter addressed by the 4th respondent vide letter No.EE?NCD/NLR/AB/A3/Court Cases, dated 22.12.2025, wherein it is stated that LS I to LS III part bills pertaining to the work executed by the petitioner were uploaded in NIDHI portal and the same were approved, however, the payment was stalled due to fund clearance since 09.07.2025 and the details of the bills are as under: Sl.No. Name of the work Estimate Value in crores Agreement value in crores Type of Bill Bill amount in Rs. CFMS ID Remarks 1 Construction of Submersible causeway across pennar river between Mudivarthi and Mudivarhipalem village of Vidavalur mandal of SPSR Nellore district 93.32 81.61 LS I and part bill 15,86,65,655 2025- 789687 Bills have been approved and waiting for fund clearance LS II Part bill 87,46,095 2025- 844408 LS III part bill 12,36,73,747 2025- 1056890 5 VS,J W.P.No.6950 of 2025 Total 29,10,85,497/- 7. In view of fact that the amounts payable to the petitioner are admitted by the respondents, 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 eight (8) months from the date of receipt of a copy of this order. There shall be no order as to costs. 8. 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 Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 22.12.2025 Gss