APHC010503632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26946/2025 Between: 1. M/S ARK CONSTRUCTIONS, REP BY ITS MANAGING PARTNER SRI N V RAMA KRISHNA REDDY S/O SURYANARAYANA REDDY AGED ABOUT 36 YEARS, OCCU BUSINESS D NO 6-36/1, SATYA SAI COLLEGE ROAD RAVULAPALEM, E G DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI SECRETARY IRRIGATION AND WATER RESOURCES (CAD) DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI SECRETARY FINANCE AND PLANNING DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA 4. THE CHIEF ENGINEER, IRRIGATION CIRCLE DRAINAGE DIVISION, DAWALESWARAM , RAJAHMUNDRY, EAST GODAVARI DISTRICT. 5. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE. WATER RESOURCES DEPT DRAINAGE DIVISION,DOWALESWARAM, RAJAHMUNDRY , EAST GODAVARI DISTRICT. 2 VS,J W.P.No.26946 of 2025 6. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPT, DRAINAGE DIVISION, KAKINADA , KAKINADA DISTRICT. 7. PAY AND ACCOUNTS OFFICER, KAKINADA DISTRICT AT KAKINADA. ...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 issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in paying an amount of 5,92,237/-(Rupees five lakhs ninety two thousand two hundred and thirty seven) in respect of agreement No 58/2023- 24, an amount of 5,73,252/- (Rupees five lakhs seventy three thousand two hundred and fifty two) in respect of Agreement No 59/2023-24 and an amount of Rs 5,74,318/- (Rupees five lakhs seventy four thousand three hundred and eighteen) in respect of agreement No 60/2023-24 ie in total Rs 17,39,807/- (Rupees seventeen lakhs thirty nine thousand eight hundred and seven only) to the petitioner firm as illegal, arbitrary, and violation of principles of natural justice and violation of Article 14, 19 (1) (g) of Constitution of India and consequently direct the respondents to pay the said amount of Rs 17,39,807/- (Rupees seventeen lakhs thirty nine thousand eight hundred and seven only) with interest @ 18percent p.a. from 1-12- 2023 till the date of payment in the interest of justice 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 pay amount of Rs 17,39,807/ (Rupees seventeen lakhs thirty nine thousand eight hundred and seven only) with interest @ 18% p.a. from 1-12-2023 till the date of payment to the petitioner firm in respect of agreement Nos.58/2023-24,59/2023-24 & 60/2023-24 in the interest of Justice pending disposal of the writ petition Counsel for the Petitioner: 1. CH B R P SEKHAR Counsel for the Respondent(S): 1. GP FOR REVENUE 3 VS,J W.P.No.26946 of 2025 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.No.26946 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 declaring the inaction on the part of the respondents in paying an amount of 5,92,237/-(Rupees five lakhs ninety two thousand two hundred and thirty seven) in respect of agreement No.58/2023-24, an amount of 5,73,252/- (Rupees five lakhs seventy three thousand two hundred and fifty two) in respect of Agreement No 59/2023- 24 and an amount of Rs 5,74,318/- (Rupees five lakhs seventy four thousand three hundred and eighteen) in respect of agreement No.60/2023-24 i.e., in total Rs.17,39,807/- (Rupees seventeen lakhs thirty nine thousand eight hundred and seven only) to the petitioner firm as illegal, arbitrary, and violation of principles of natural justice and violation of Article 14, 19 (1) (g) of Constitution of India and consequently direct the respondents to pay the said amount of Rs.17,39,807/- (Rupees seventeen lakhs thirty nine thousand eight hundred and seven only) with interest @ 18% p.a. from 1-12-2023 till the date of payment ….” 2. The petitioner had been awarded the contract of three works as per the agreements dated 14.07.2023 by the Irrigation Department. After execution of the aforementioned contract works, the respondents issued three quality control certificates i.e., dated 30.03.2024 for a sum of Rs.5,38,103/-, Rs.5,20,855/- and Rs.5,21,821/- 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. 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- 5 VS,J W.P.No.26946 of 2025 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 i.e., dated 30.03.2024 for a sum of Rs.5,38,103/-, Rs.5,20,855/- and Rs.5,21,821/- respectively. 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. 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 respondents to release the amounts to the petitioner in accordance with the quality control certificates i.e., dated 30.03.2024 for a sum of Rs.5,38,103/-, Rs.5,20,855/- and Rs.5,21,821/- respectively issued by the 6 VS,J W.P.No.26946 of 2025 respondents, within a period of three (3) 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: 14.10.2025 KGR