APHC010523332025 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: 27880/2025 Between: 1. TONDURU KRANTHI KUMAR, S/O RAMAMOHANA RAO, HINDU AGED ABOUT 44 YEARS, OCC BUSINESS, R/O H NO 2-60, RAJUPETA VILLAGE, PEDAPADU MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRI SECRETARY IRRIGATION AND WATER RESOURCES (CAD) DEPARTMENT AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI SECRETARY FINANCE PLANNING DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 3. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, SUB DIVISION, VIJAYAWADA, NTR DISTRICT 4. DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES SUB DIVISION, VIJAYAWADA, NTR DISTRICT. 5. ASST EXECUTIVE ENGINEER, KRISHNA CANAL SECTION ELURU, ELURU DISTRICT. 6. PAY AND ACCOUNTS OFFICER, VIJAYAWADA, NTR DISTRICT. ...RESPONDENT(S): VS,J W.P No.27880 of 2025 2 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 declaring the inaction on the part of the respondents in paying the final bill amount of Rs 4,12,932/- (Rupees four lakhs twelve thousand nine hundred and thirty two) to the petitioner in respect of execution of the work relating to agreement No89/2022-23 dated 15.11.2022 as illegal, arbitrary, and violation of principles of natural justice and violation of Article 14,19 (1) (g) of Constitution of India and consequently direct the respondents to pay the said amount of Rs 4,12,932/- (Rupees four lakhs twelve thousand nine hundred and thirty two) to the petitioner with interest 18 percent per annum from 01.04.2023 till the date of payment in the interest of justice 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 leased to direct the respondents to pay an amount of Rs 4,12,932/- (Rupees four lakhs twelve thousand nine hundred and thirty two) to the petitioner with interest @ 18% per annum from 01.04.2023 ill the date of payment pending disposal of the writ petition in the interest of justice and pass Counsel for the Petitioner: 1. CH B R P SEKHAR Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING VS,J W.P No.27880 of 2025 3 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in paying the final bill amount of Rs.4,12,932/- (Rupees four lakhs twelve thousand nine hundred and thirty two) to the petitioner in respect of execution of the work relating to agreement No:89/2022-23 dated 15.11.2022 as illegal, arbitrary, and violation of principles of natural justice, and violation of Article 14,19 (1) (g) of Constitution of India and consequently direct the respondents to pay the said amount of Rs.4,12,932/- (Rupees four lakhs twelve thousand nine hundred and thirty two) to the petitioner with interest @ 18% per annum from 01.04.2023 till the date of payment in the interest of justice and pass such other order or orders….” 2. The petitioner had been awarded the contract of work i.e., O & M such as weed removal on Ponangi Puntha Channel from K.M.0.000 to K.M.7.600 under jurisdiction of K.E Canal Section, Eluru as per the Agreement No.89/2022-23 dated 15.11.2022. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 28.09.2024 for a sum of Rs.3,43,773/-. 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. 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. VS,J W.P No.27880 of 2025 4 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 amounts payable to the petitioner as per the quality control certificate dated 28.09.2024 for a sum of Rs.3,43,773/-. 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 claimed an amount of Rs.4,12,932/- the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificates issued by the respondents dated 28.09.2024 for a sum of Rs.3,43,773/-. 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 amounts to the petitioner in accordance with the quality control certificate dated 28.09.2024 for a sum of Rs.3,43,773/- issued by the respondents, within a period of two (02) months from the date of receipt of a copy of this order. VS,J W.P No.27880 of 2025 5 As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any amounts 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