APHC010522362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29773/2025 Between: 1. C GOPAL REDDY AND CO, REPRESENTED BY ITS MANAGING PARTNER, C. GOPAL REDDY, S/O. C. ADI NARAYANA REDDY AGED ABOUT 62 YEARS, R/O.D.NO.2/56, KONUPPALAPADU VILLAGE, YADIKI MANDAL, ANANTHAPUR, ANDHRA PRADESH- 515408. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (IRRIGATION) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI.. 3. THE EXECUTIVE ENGINEER, HLC (LOC) DIVISION, ANANTAPURAM DISTRICT 4. THE SUPERINTENDING ENGINEER, TBP.HLC.CIRCLE, ANANTAPURAM DISTRICT 5. THE ASSISTANT EXECUTIVE ENGINEER, TBP.HLC, ANANTAPURAM DISTRICT 6. THE DEPUTY EXECUTIVE ENGINEER, TBP.HLC.CIRCLE, ANANTAPURAM DISTRICT 2 VS,J W.P.No.29773 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 to pleased to issue an appropriate Writ, Order or Direction, more particularly in the WRIT OF MANDAMUS declaring that the inaction of the Respondents herein in releasing the bill pertaining to an amount of Rs.45,78,617/- (Forty Five Lakhs Seventy Eight Thousand Six Hundred and Seventeen Rupees Only), payable towards the arrears for Price adjustment on Labour, Machinery and other materials components for the completed Civil Work i.e., Package No. CSR- 2 (DT Road) - Formation new road from Km 0/0 to Km 9/100 in lieu of Km. 71/2 to 78/6 of Damajipalli - Tadipatri road under submergence of Chagallu balancing Reservoir in Anantapur District to the Petitioner herein in pursuance to the 2nd Supplemental Agreement No. 09/2017/18 Dated. 15.06.2017 and Original Agreement No.S.E.H AGREEMENT NO. 03/2012-13 Dt- 17-09-2012 entered between the Petitioner and the 4th Respondent herein as arbitrary, illegal, besides being violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondents herein and in more particularly the 3rd and 4th Respondents herein to release the total outstanding amount of Rs.45,78,617/- (Forty Five Lakhs Seventy Eight Thousand Six Hundred and Seventeen Rupees Only) payable to the Petitioner herein for the above mentioned works along with 24percentage interest P.A in the interest of justice and 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 herein to release the bills pertaining to an amount of Rs.45,78,617/- (Forty Five Lakhs Seventy Eight Thousand Six Hundred and Seventeen Rupees Only), payable towards the arrears for Price adjustment on Labour, Machinery and other materials components for the completed Civil Work i.e., Package No. CSR- 2 (DT Road) - Formation new road from Km 0/0 to Km 9/100 in lieu of Km. 71/2 to 78/6 of Damajipalli - Tadipatri road under submergence of Chagallu balancing Reservoir in Anantapur District’ to the Petitioner herein in pursuance to the 2nd Supplemental Agreement No. 09/2017/18 Dated. 15.06.2017 and Original Agreement No.S.E.H AGREEMENT NO. 03/2012-13 Dt: 17-09-2012 entered between the Petitioner herein and the 4*'^ Respondent herein, pending disposal of the main Writ Petition and pass 3 VS,J W.P.No.29773 of 2025 Counsel for the Petitioner: 1. CKR ASSOCIATES 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.29773 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 in the WRIT OF MANDAMUS declaring that the inaction of the Respondents herein in releasing the bill pertaining to an amount of Rs.45,78,617/- (Forty Five Lakhs Seventy Eight Thousand Six Hundred and Seventeen Rupees Only), payable towards the arrears for Price adjustment on Labour, Machinery and other materials components for the completed Civil Work i.e., Package No. CSR- 2 (DT Road) - Formation new road from Km 0/0 to Km 9/100 in lieu of Km. 71/2 to 78/6 of Damajipalli - Tadipatri road under submergence of Chagallu balancing Reservoir in Anantapur District to the Petitioner herein in pursuance to the 2nd Supplemental Agreement No. 09/2017/18 Dated. 15.06.2017 and Original Agreement No.S.E.H AGREEMENT NO. 03/2012-13 Dt- 17-09-2012 entered between the Petitioner and the 4th Respondent herein as arbitrary, illegal, besides being violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondents herein and in more particularly the 3rd and 4th Respondents herein to release the total outstanding amount of Rs.45,78,617/- (Forty Five Lakhs Seventy Eight Thousand Six Hundred and Seventeen Rupees Only) payable to the Petitioner herein for the above mentioned works along with 24% interest P.A ….” 2. The petitioner had been awarded the contract of work, i.e., “Package No. CSR- 2 (DT Road) - Formation new road from Km 0/0 to Km 9/100 in lieu of Km. 71/2 to 78/6 of Damajipalli - Tadipatri road under submergence of Chagallu balancing Reservoir in Anantapur District in pursuance of the 2nd 5 VS,J W.P.No.29773 of 2025 Supplemental Agreement No. 09/2017/18 Dated. 15.06.2017 and the original Agreement No.S.E.H AGREEMENT NO. 03/2012-13 Dt- 17-09-2012 by the 4th Respondent. After completion of the said work, as the bill amount of Rs.45,78,617/- has not been released 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. Today, when the matter came up for hearing, the learned Assistant Government Pleader for Irrigation has produced a copy of the instructions of the Executive Engineer, HLC (Loc) Division, Anantapuramu vide Letter No.AB/EC-1/EGI/112/M, dated 02.12.2025, wherein it is admitted that a bill amount of Rs.45,78,617/- is due and payable to the petitioner. It is further stated that the said amount has not been paid so far, as the respondents are waiting for fund clearance from the Government. 6 VS,J W.P.No.29773 of 2025 6. In view of the above instructions, and since the amounts payable to the petitioner is admitted, this Court feels it appropriate to dispose of the writ petition by directing the respondents to release the admitted bill amount to the petitioner as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of a copy of this order. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 05.12.2025 KGR 7 VS,J W.P.No.29773 of 2025 298 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29773/2025 05th December, 2025 KGR