Extracted from the PDF above. The PDF is authoritative.
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APHC010487572025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25782/2025 Between:
1. Y VENKATA REDDY, S/O. V. SUBBA REDDY, AGE- 48 YEARS, D/O.4-1-763/2,ANJINEYA NAGAR .BADVEL .KADAPA DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP- BY ITS PRINCIPAL SECRETARY, FOR IRRIGATION DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE STATE PROJECT DIRECTOR AND SPL COMMISSIONER, CADA, VIJAYAWADA
3. THE EXECUTIVE ENGINEER IRRIGATION CIRCLE, ANANTHAPURAMU DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 Order or direction more particularly one in the nature of Writ of Mandamus (J declaring the action of the Respondents in withholding thepaymentsof Rs.31.41,751/- (Thirty One Lakhs, Forty One Thousand Seven Hundred and Fifty One only) even after finalizing the bills payable to the petitioner in relation to theworks Rehabitation
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of Gorantla big tank (Indepent) in Gorantia (v) in Gorantia (m) in Ananthpuramudistrict,Agreement no.20 SEA/2021-22,Date 18.08.2021.andi 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 to forthwith consider releasing the amounts . RS.31,41,751/- (Thirty One Lakhs, Forty One Thousand Seven Flundred and Fifty One only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner:
1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
2.
GP FOR FINANCE PLANNING The Court made the following:
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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 (J declaring the action of the Respondents in withholding the payments of Rs.31.41,751/- (Thirty One Lakhs, Forty One Thousand Seven Hundred and Fifty One only) even after finalizing the bills payable to the petitioner in relation to the works Rehabitation of Gorantla big tank (Indepent) in Gorantia (v) in Gorantia (m) in Ananthpuramu district, Agreement no.20 SEA/2021-22,Date 18.08.2021.andi pass….”
2. The petitioner had been awarded the contract of executing works relating to rehabitation of Gorantla big tank in Gorantla village and mandal, Ananthapuram district pursuant to the agreement No.20 SEA/2021-22, dated 18.08.2021 by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate dated 26.03.2025 to a tune of Rs.19,30,799/-. 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- 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
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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, on 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.19,30,799/-. 6. In view of the facts and circumstances of the case 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 26.03.2025 issued by the 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date:27.10.2025 Gss