APHC010093072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5038/2024 Between: 1. M BHASKAR REDDY,, S/O M PULLA REDDY, AGED ABOUT 46 YEARS, D.NO. 1-459, MALAVYA NAGAR, GUDUR, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. 4. THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, NELLORE SOUTH DIVISION, NELLORE, SPSR NELLORE DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, NELLORE SOUTH DIVISION, GUDUR, SPSR NELLORE 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 to issue a writ, order or direction, more particularly one in the nature VS,J W.P No.5038 of 2024 2 of WRIT OF MANDAMUS declaring the action of the respondents in non- payment an amount of Rs. 17, 76, 469/- in total due for the last Two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., 1. RAT- Restoration to the Tank Bund and Reconstruction pg Sluice of Divipalem Tank in Divipalem Village in Gudur Mandal SPSR Nellore District, vide Agreement no. 80 DN/2020-21 dated 22.01.2021, 2. CMDF - Construction of Infall Sluice to the Left Side Flood Bank of Swarnamukhi River Near Kappagunta Kandriga Village in Pellakuru Mandal of Tirupati, vide Agreement no 3/DN/CMDF/2023-24 dated 15.06.2023 duly approved by the respondents, as illegal, arbitrary, unjust unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of R.s. 17, 76, 469/- towards the works executed by the petitioner along with 12percent interest per annum and to pass IA NO: 1 OF 2024 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 pay the amount of Rs. 17, 76, 469/- in total due for the last Two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., 1. RAT- Restoration to the Tank Bund and Reconstruction pg Sluice of Divipalem Tank in Divipalem Village in Gudur Mandal SPSR Nellore District, vide Agreement no. 80 DN/2020-21 dated 22.01.2021, 2. CMDF - Construction of Infall Sluice to the Left Side Flood Bank of Swarnamukhi River Near Kappagunta Kandriga Village in Pellakuru Mandal of Tirupati, vide Agreement no 3/DN/CMDF/2023-24 dated 15.06.2023 forthwith, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR REVENUE 3. GP FOR IRRIGATION COMM AREA DEV VS,J W.P No.5038 of 2024 3 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, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment an amount of Rs.17,76,469/- in total due for the last Two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., “1. RAT- Restoration to the Tank Bund and Reconstruction pg Sluice of Divipalem Tank in Divipalem Village in Gudur Mandal SPSR Nellore District, vide Agreement no.80 DN/2020-21 dated 22.01.2021, 2. CMDF - Construction of Infall Sluice to the Left Side Flood Bank of Swarnamukhi River Near Kappagunta Kandriga Village in Pellakuru Mandal of Tirupati, vide Agreement no 3/DN/CMDF/2023-24 dated 15.06.2023” duly approved by the respondents, as illegal, arbitrary, unjust unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs.17,76,469/- towards the works executed by the petitioner along with 12% interest per annum and to pass such other order or orders….” 2. The petitioner had been awarded the contract of two works as per the agreements dated 22.01.2021 and 15.06.2023 by the 5th respondent. After execution of the aforementioned contract works, the respondents issued quality control certificates for two works i.e., dated 01.10.2022 for a sum of Rs.7,94,135/- and dated 16.10.2023 for a sum of Rs.7,84,252/-. 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.5038 of 2024 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 admitted amount payable to the petitioner as per the quality control certificates dated 01.10.2022 for a sum of Rs.7,94,135/- and dated 16.10.2023 for a sum of Rs.7,84,252/-. 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 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 01.10.2022 for a sum of Rs.7,94,135/- and dated 16.10.2023 for a sum of Rs.7,84,252/-, issued by the respondents, within a period of three (03) months from the date of receipt of a copy of this order. VS,J W.P No.5038 of 2024 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 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:17.09.2025 KGR