APHC010390152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20240/2025 Between: 1. NAS BABU CONSTRUCTIONS PVT LTD, REP. BY ITS MANAGING DIRECTOR, NW NAGENDRAM, S/O. VENKATESWARA RAO, R/O. D.NO.10-150-A2, 1ST LANE, RAJENDRA NAGAR, GUDIVADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT, VELAGAPUDI, AMARAVATHI. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT. 4. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIVADA. KRISHNA DISTRICT 5. THE DY EXECUTIVE ENGINEER, DRAINAGE SUB-DIVISION, GUDIVADA. KRISHNA 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 topleased to issue an appropriate writ or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents, in not releasing FSD withheld amount of Rs. 10,68,327/- which was deducted by the respondents at the time of releasing of bill 2 VS,J W.P.No.20240 of 2025 payment towards execution of works for Channelization of Budameru Drain (below Enekepadu U.T to Kolleru lake) from Km 42.500 to Km 50.600 Modernisation vide its Agreement No.41 SE/2015-16, Dt. 18.01.2016 in Water Resources Department, Irrigation Circle Vijayawada in Drainage Division, Gudivada, Krishna District, which is illegal irregular, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and also violative of the principles of natural justice, consequently direct the respondents to release the FSD payment of Rs. 10,68,327/-, due to the petitioner in respect of execution of work forthwith interest of 18 percent 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 direct the respondents to release the FSD withheld amount of Rs. 10,68,327/- which was deducted by the respondent at the time of releasing of bill payment towards execution of works for Channelization of Budameru Drain (below Enekepadu U.T to Kolleru lake) from Km 42.500 to Km 50.600 Modernisation vide its Agreement No.41 SE/2015-16, Dt.18.01.2016 in Water Resources Department, Irrigation Circle, Vijayawada in Drainage Division, Gudivada, Krishna District, immediately, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. BATTULA SANJAIAH GANDHI 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.20240 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 or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents, in not releasing FSD withheld amount of Rs. 10,68,327/- which was deducted by the respondents at the time of releasing of bill payment towards execution of works for Channelization of Budameru Drain (below Enekepadu U.T to Kolleru lake) from Km 42.500 to Km 50.600 Modernisation vide its Agreement No.41 SE/2015-16, Dt. 18.01.2016 in Water Resources Department, Irrigation Circle Vijayawada in Drainage Division, Gudivada, Krishna District, which is illegal irregular, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and also violative of the principles of natural justice, consequently direct the respondents to release the FSD payment of Rs. 10,68,327/-, due to the petitioner in respect of execution of work forthwith interest of 18 percent and to pass….” 2. The petitioner had been awarded the contract of executing works for channelization of Budameru drain (below Enekepadu U.T. to Kolleru lake) from Km 42.500 to Km 50.600 modernization by the Irrigation Department. After execution of the said contract, the respondents have withheld an amount of Rs.10,68,327/-. As the payment of the said amount 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 petitioner contends that such non- 4 VS,J W.P.No.20240 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 for Irrigation furnished a letter addressed by the Executive Engineer, Drainage Division, Gudivada dated 28.10.2025 wherein it is admitted that the an amount of Rs.10,68,327/- is payable to the petitioner and that the same could not be uploaded in NIDHI portal due to technical problem. It is further stated that the bill pertaining to the same would be uploaded shortly in NIDHI. 6. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondents to pay the admitted amounts, payable to the petitioner, within a period of three (3) months from the date of receipt of a copy of this order. 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 28.10.2025 Gss