APHC010091932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4912/2025 Between: 1. P SRINIVASA RAJU, S/O. VENKATA SATYANARAYANA RAJU, D. NO. 2-76, DHARMARPO PET VILLAGE, KOYYALKAGUDEM MANDAL WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT. 4. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA KRISHNA DISTRICT. 5. THE COMMISSIONER COMMAND DEVELOPMENT AUTHORITY CAD, WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH VIJAYAWADA, KRISHNA DISTRICT 6. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE VIJAYAWADA. 2 VS,J W.P.No.4912 of 2025 7. THE EXECUTIVE ENGINEER, KRISHNA EASTERN DIVISION, VIJAYAWADA ...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 to issue an appropriate writ, order or direction particularly in the nature of a writ of Mandamus, declare the inaction on part of the respondents herein or not releasing the Estimated final bill amount worth of Rs. 36, 96. 575.46/-, vide Agreement No. 137/2021-22 dated 14.12.2021 along with interest on execution and completion of O and M works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the Estimated final bills of total amount worth of Rs. 36, 96, 575.46/-, for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner 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 to direct the respondents releasing the Estimated final bills of total amount worth of Rs. 36, 96, 575.46/-, along with interest for execution of completion of O & M works under Irrigation Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MUJTAHID HUSSAIN 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.No.4912 of 2025 ORDER: 1. The petitioner awarded the contract of work(s) of Operation and Maintenance (O&M) work for repairing the Ponangi regulator on Ponangi Channel on Krishna Eluru Section in West Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.36,96,575.46/- ps. as per the sanctioned orders confirming the same, respondents also issued quality control certificate to a tune of Rs.27,13,076/-. 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. 2. 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. 3. 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. 4. On the other hand, learned Government Pleaders Irrigation and Finance Planning on oral instructions, stating that, since the budget was 4 VS,J W.P.No.4912 of 2025 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 No.1686, dated 25.04.2023 filed by the petitioner to a tune of Rs.27,13,076/-. 5. 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 respondents to release the admitted amount to the petitioner in accordance with the quality control certificate dated 25.04.2023 issued by the respondents within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. 6. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ______________________ JUSTICE V.SUJATHA Dt:14.08.2025 KGR