APHC010558552025 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: 29108/2025 Between: 1. PYLA NAGA VENKATA RAMANA, S/O. PYLA KONDA, AGED 42 YEARS, OCC CONTRACTOR, R/O. H.NO. 2-75, KOTHA STREET, NATAVARAM VILLAGE, NATHAVARAM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (IRRIGATION AND CAD) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 2 VS,J W.P.NO.29108 OF 2025 4. THE ENGINEERINCHIEF WATER RESOURCES DEPARTMENT, D.NO.48-10-9/1, N.H. FEEDER ROAD NEAR RAMAVARAPPADU CIRCLE, CURRENCY NAGAR, VIJAYAWADA, AP. 5. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 6. SUPERINTENDING ENGINEER IRRIGATION CIRCLE, VISAKHAPATNAM VISAKHAPATNAM DISTRICT. 7. EXECUTIVE ENGINEER WATER RESOURCES DEPARTMENT, VISAKHAPATNAM DIVISION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8. THE PAY AND ACCOUNTS OFFICER PAY AND ACCOUNTS DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM 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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ direction declaring the action of the respondents in not releasing the payments for the works i.e.. Improvements to Ankamareddivani Tank under WUA- 3 of Thandava Reservoir Project near Nathavaram Village and Mandal of Visakhapatnam District through the Agreement No.49/2020-21 dated 15-07-2020 for an amount of Rs. 3,02,000/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 3,02,000/- forthwith for the above said works executed by the petitioner and pass IA NO: 1 OF 2025 3 VS,J W.P.NO.29108 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 issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the Retirement benefits with a totaling of Rs.33,40,960/- i.e 1.Retirement Gratuity of Rs. 16,00,000/- and 2.Encashment of Leave Salary of Rs. 17,40,960/- along with pending arrears of Salary to till date of retirement, withholding the same as illegal, arbitrary and violation of Article 21 and 300A of the Constitution of India and consequently direct the respondents to pay Retirement Gratuity, Earned Leave Encashment and pending arrears of salary, along with 9 percentage interest on the delayed Retirement benefits in terms of well settled law of the Honhle Apex Court of India reported in (2022) 4 SCC 627, and W.A.No.383 of 2022, dated 12.07.2022, immediately to the petitioner, and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI 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.29108 OF 2025 ORDER:- This writ petition is 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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e.. Improvements to Ankamareddivani Tank under WUA-3 of Thandava Reservoir Project near Nathavaram Village and Mandal of Visakhapatnam District through the Agreement No.49/2020-21 dated 15-07-2020 for an amount of Rs.3,02,000/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 3,02,000/- forthwith for the above said works executed by the petitioner...” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate to a tune of Rs.2,53,165/-. As the payment of the said amounts have 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 5 VS,J W.P.NO.29108 OF 2025 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 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 Government Pleader placed 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, the respondents admitted the amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.2,53,165/-. 6. Though the petitioner claimed an amount of Rs.3,02,000/- as per the agreement, however, agreed to dispose of Writ Petition basing upon the quality control certificate issued by the respondents dated 15.12.2022 to a tune of Rs.2,53,165/- within a period of two months. 6 VS,J W.P.NO.29108 OF 2025 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 respondent Nos.2 to 8 to release the amount to the petitioner in accordance with the quality control certificate dated 15.12.2022 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. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :28.10.2025 LSP 7 VS,J W.P.NO.29108 OF 2025 171 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29108/2025 28.10.2025 LSP