APHC010537902025 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: 28006/2025 Between: 1. TADI NAGA MOHAN REDDY, S/O NARAYANA MOHAN REDDY, AGED ABOUT 51 YEARS, OCC. CONTRACTOR, R/O D.NO.8/1088, SATHI SOMI REDDY COMPLEX, NEAR KALA VENKATRAO STATUE, RING ROAD, RAVULAPALEM, EAST GODAVARI DISTRICT . ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE CHIEF ENGINEER, MINOR AND MEDIUM IRRIGATION, VIJAYAWADA 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA 4. THE EXECUTIVE ENGINEER, WRD SPECIAL DIVISION, VIJAYAWADA AND DIRECT PROJECT DIRECTOR, DPU, KRISHNA, APIIATP 5. THE PAY AND ACCOUNTS OFFICER, VIJAYAWADA 6. THE DIVISIONAL ACCOUNTS OFFICER, WRD SPECIAL DIVISION, VIJAYAWADA 7. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL VS,J W.P No.28006 of 2025 2 SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, 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 a WRIT OF MANDAMUS declaring the action of the Respondents herein, in not issuing the Bill Pass Orders and not paying the L.S Ilnd and Final Bills ofi) Rs. 11,53,687/- and ii) Rs.33, 914/- totally an amount of Rs. 11,87,601/ - even after making entries in the M-Book, issuing Quality Control Certificates and despite a Memo vide Memo.No.AB/A2/APIIATP/396,Dt.29.08.2025 of Direct Project Director/Respondent No.4 to the Respondents herein to submit all the work bills by the end of July, 2025 as the APIIATP Scheme closes by 31.10.2025 and even after completion of the works to the prescribed standards and within the stipulated time in relation to the works i.e., 'i) Rehabilitation of Ura Tank (Independent) in Veleru Village in Bapulapadu Mandal in Krishna District under AP-IIATP (World Bank) as per the Agreement No. 32 SE/2018-2019, Dt. 17.12.2018 and ii) Rehabilitation of Diguva Voddu Tank (Independent) in Bahubalendrunigudem Village in Gannavaram Mandal in Krishna District under AP-IIATP (World Bank) as per the Agreement No. 35 SE/2018-2019, Dt. 17.12.2018' is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 and 300-A of The Constitution of India and consequently direct the respondents to issue the Bill pass Orders and consider for payment of L.S Ilnd and Final Bills of i) Rs. 11,53,687/- and ii) Rs.33,914/- totally an amount of Rs. 11,87,601/-, with an interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., 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 issue the Bill pass Orders and consider for payment of L.S Ilnd and Final Bills of i) Rs. 11,53,687/- and ii) Rs.33,914/- totally an amount of Rs. 11,87,601/- with an interest @24% per annum for the delayed amount to the petitioner in relation to the works i.e., “i)Rehabilitation of Ura Tank (Independent) in Veleru Village in Bapulapadu Mandal in Krishna District under AP-IIATP (World Bank) as per the Agreement No. 32 SE/2018-2019, Dt. 17.12.2018 and ii) Rehabilitation of Diguva Voddu VS,J W.P No.28006 of 2025 3 Tank (Independent) in Bahubalendrunigudem Village in Gannavaram Mandal in Krishna District under AP-IIATP (World Bank) as per the Agreement No. 35 SE/2018-2019, Dt. 17.12.2018”, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING VS,J W.P No.28006 of 2025 4 The Court made the following Order: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in not issuing the Bill Pass Orders and not paying the L.S Ilnd and Final Bills of i) Rs. 11,53,687/- and ii) Rs.33,914/- totally an amount of Rs.11,87,601/ - even after making entries in the M-Book, issuing Quality Control Certificates and despite a Memo vide Memo.No.AB/A2/APIIATP/396, Dt.29.08.2025 of Direct Project Director/Respondent No.4 to the Respondents herein to submit all the work bills by the end of July, 2025 as the APIIATP Scheme closes by 31.10.2025 and even after completion of the works to the prescribed standards and within the stipulated time in relation to the works i.e., “i) Rehabilitation of Ura Tank (Independent) in Veleru Village in Bapulapadu Mandal in Krishna District under AP-IIATP (World Bank) as per the Agreement No.32 SE/2018- 2019, Dt. 17.12.2018 and ii) Rehabilitation of Diguva Voddu Tank (Independent) in Bahubalendrunigudem Village in Gannavaram Mandal in Krishna District under AP- IIATP (World Bank) as per the Agreement No. 35 SE/2018-2019, Dt. 17.12.2018” is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 and 300-A of The Constitution of India and consequently direct the respondents to issue the Bill pass Orders and consider for payment of L.S Ilnd and Final Bills of i) Rs. 11,53,687/- and ii) Rs.33,914/- totally an amount of Rs.11,87,601/-, with an interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith and pass such other order or orders….” 2. The petitioner had been awarded the contract of works i.e., i) Rehabilitation of Ura Tank (Independent) in Veleru Village in Bapulapadu Mandal in Krishna District under AP-IIATP (World Bank) as per the Agreement No.32 SE/2018-2019, Dated 17.12.2018 and ii) Rehabilitation of Diguva Voddu Tank (Independent) in Bahubalendrunigudem Village in Gannavaram Mandal in Krishna District under AP-IIATP (World Bank) as per the Agreement No.35 SE/2018-2019, Dated 17.12.2018. After execution of the aforementioned contract works, the respondents issued quality control certificates dated 28.07.2025 to a tune of Rs.11,53,687/- and Rs.33,914/- 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. VS,J W.P No.28006 of 2025 5 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. On the other hand, learned Assistant Government Pleader, on oral instructions, submits that the admitted amounts payable to the petitioner as per the quality control certificates dated 28.07.2025 to a tune of Rs.11,53,687/- and Rs.33,914/- 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 VS,J W.P No.28006 of 2025 6 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 dated 28.07.2025 to a tune of Rs.11,53,687/- and Rs.33,914/- respectively, issued by the respondents, within a period of two (02) 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 Ksj