APHC010526212025 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: 27411/2025 Between: 1. JAVVADI NAGESWARA RAO, S/O. VENKAT RAO, AGED ABOUT 53 YEARS, R/O. D.NO.1-119/3, KUMMARA PURUGU PALEM VILLAGE, H/O. KANDULAVARI MERAKA, MOGALTHUR MANDAL WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE CHIEF ENGINEER, GODAVARI DELTA SYSTEM, DOWLAISWARAM, RAJAHMUNDRY, EAST GODAVARI DISTRICT 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, ELURU, ELURU DISTRICT 4. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT 5. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ...RESPONDENT(S): 2 VS, J W.P.27411 of 2025 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 mostly one which is in the nature of a Writ of Mandamus declaring the action of the Respondents in non-payment of amounts of Rs.12,82,951/- due to the Petitioner even after finalizing the bills, payable in relation to the work executed i.e. Estimate for deweeding by chemical spraying 1st time and maintaining weed free by Manual upto December 2023 on Mandhachedu Medium and Minor Drains under Jurisdiction of Drainage Section No.4, Chinnagollapalem of W.G.Dist. as illegal, arbitrary, unjust, unfair, unreasonable and unconstitutional and consequently direct the Respondents to make the payment of full amounts due to the Petitioner without any deductions / recoveries in respect of execution of works carried out by the Petitioner and with reasonable interest for delayed period forthwith 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 to consider the payment of the amounts of Rs.12,82,951/- payable in relation to the work executed i.e.“Estimate for deweeding by chemical spraying 1st time and maintaining weed free by Manual upto December 2023 on Mandhachedu Medium and Minor Drains under Jurisdiction of Drainage Section No.4, Chinnagollapalem ofW.G.Dist" immediately, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. CHERUVU CHAITANYA BHARGAVA SARMA 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.27411 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 mostly one which is in the nature of a Writ of Mandamus declaring the action of the Respondents in non-payment of amounts of Rs.12,82,951/- due to the Petitioner even after finalizing the bills, payable in relation to the work executed i.e. Estimate for deweeding by chemical spraying 1st time and maintaining weed free by Manual upto December 2023 on Mandhachedu Medium and Minor Drains under Jurisdiction of Drainage Section No.4, Chinnagollapalem of W.G.Dist. as illegal, arbitrary, unjust, unfair, unreasonable and unconstitutional and consequently direct the Respondents to make the payment of full amounts due to the Petitioner without any deductions / recoveries in respect of execution of works carried out by the Petitioner and with reasonable interest for delayed period ….” 2. The petitioner had been awarded the contract of work i.e., Estimate for deweeding by chemical spraying 1st time and maintaining weed free by Manual up to December 2023 on Mandhachedu Medium and Minor Drains under Jurisdiction of Drainage Section No.4, Chinnagollapalem of West Godavari District, vide agreement No.16/2023-24 dated 09.06.2023 by the respondents. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 16.07.2024 for a sum of Rs.10,86,161/-. 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. 4 VS, J W.P.27411 of 2025 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. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate i.e., dated 16.07.2024 for a sum of Rs.10,86,161/-. 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. Though the petitioner claims to be entitled to Rs.12,82,951/- as per the M-Book, however, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificate issued by the respondents dated 16.07.2024 for a sum of Rs.10,86,161/-. 7. 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 admitted amounts to the petitioner in accordance 5 VS, J W.P.27411 of 2025 with the quality control certificate i.e., 16.07.2024 for a sum of Rs.10,86,161/- issued by the respondents, within a period of two (2) 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: 27.10.2025 KGR/CAB