APHC010102572024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5495/2024 Between: 1. MANDALA RAMI NAIDU, S/O. LATE M. APPALA SWAMI NAIDU, AGED ABOUT 72 YEARS, OCC CONTRACTOR, R/O. MAIN ROAD, GIJABA, GARUGIBILLI MANDAL, PARVATHIPURAM MANYAM DISTRICT - 535525 (ERSTWHILE VIZIANAGARAM DISTRICT) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (I AND CAD) DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELGAPUDI VILLAGE, AMAMRAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT, (ERSTWHILE VIZIANAGARAM DISTRICT). 4. THE SUPERINTENDING ENGINEER, , WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, BOBBILI-535558. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, PARVATHIPURAM MANYAM DISTRICT, (ERSTWHILE VIZIANAGARAM DISTRICT). 2 VS,J W.P.NO.5495 OF 2024 6. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, PARVATHIPURAM MANYAM DISTRICT, (ERSTWHILE VIZIANAGARAM 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, order or direction more particularly one in the nature of the writ of Mandamus, direct the respondents deposit the total amount of four bills of Rs.29,19,313/- (Twenty nine Lakhs nineteen thousand three hundred and thirteen only) 1. Agreement No. 823/2016 - 2017 date 15- 10-2016 for Rs.4,70,863/-(Rupees four lakhs Seventy thousand eight hundred and sixty three only) 2. Agreement No.825/2016 -17 to date 15-10-2016, for Rs.8,47,817/- (Rupees Eight lakhs forty seven thousand eight hundred and seventeen only) 3. Agreement No.829/2016 -17 date 15-10-2016, for Rs.7,53,660/- (Rupees seven lakhs fifty three thousand six hundred and sixty only) 4. Agreement No.830/2016 -17 date 15-10-2016, for Rs.8,46,973/- (Rupees eight lakhs forty six thousand nine hundred and seventy three only) with regard to the execution of works under 1. De-silting of Chintal Tank of Gangarajupuram (V) in Garugubilli (M) of Kurupam Constituency, 2. De-silting of Tama Tank of Nandivanivalasa (V) in Garugubilli (M) of Kurupam Constituency, 3. De-silting of Voora Cheruvu Nandivanivalasa (V) in Garugubilli (M) of Kurupam Constituency, 4.Desilting of Kotha Tank of Thotapally (V) in Garugubilli (M) of Kurupam Constituency, as illegal arbitrary and consequently direct the respondents to release the payment of above said bill amounts along with interest 18 percent p.a. to the petitioner, and 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 pass an interim order direct the respondent authorities to disburse the amount of total amount of these four bills of Rs.29,19,313/- (Twenty nine Lakhs nineteen thousand three hundred and thirteen only) 1. Agreement No. 823/2016 - 2017 date 15-10-2016 for Rs.4,70,863/-(Rupees four lakhs Seventy thousand eight hundred and sixty three only) 2. Agreement No.825/2016 -17 date 15-10-2016. for Rs.8,47,817/- (Rupees Eight lakhs forty seven thousand eight hundred and seventeen only) 3. Agreement No.829/2016-17 date 15-10-2016. for Rs.7.53.660/- (Rupees seven lakhs fifty three thousand six hundred and sixty only) 4. Agreement No.830/2016 -17 date 15-10-2016. for Rs.8.46.973/- (Rupees eight lakhs forty thousand nine 3 VS,J W.P.NO.5495 OF 2024 hundred and seventy three only) with regard to the execution of works under 1. “De-silting of Chintal Tank of Gangarajupuram (V) in Garugubilli (M) of Kurupam Constituency. 2. “De-silting of Tama Tank of Nandivanivalasa (V) in Garugubilli (M) of Kurupam Constituency. 3. “De-silting of Voora Cheruvu Nandivanivalasa (V) in Garugubilli (M) of Kurupam Constituency. 4. De silting to Kotha Tank of Thotapally (V) in Garugubilli (M) of Kurupam Constituency, to the account of the petitioner, pending disposal of the main Writ Petition and to pass Counsel for the Petitioner: 1. P RAJESWARI Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING (AP) The Court made the following: 4 VS,J W.P.NO.5495 OF 2024 ORDER:- This writ petition is 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 the writ of Mandamus, direct the respondents to deposit the total amount of four bills of Rs.29,19,313/- (Twenty nine Lakhs nineteen thousand three hundred and thirteen only) 1. Agreement No.823/2016-2017 dated 15-10-2016, for Rs.4,70,863/- (Rupees four lakhs Seventy thousand eight hundred and sixty three only) 2. Agreement No.825/2016-17 to dated 15-10-2016, for Rs.8,47,817/- (Rupees Eight lakhs forty seven thousand eight hundred and seventeen only) 3. Agreement No.829/2016-17 dated 15-10-2016, for Rs.7,53,660/- (Rupees seven lakhs fifty three thousand six hundred and sixty only) 4. Agreement No.830/2016-17 dated 15-10-2016, for Rs.8,46,973/- (Rupees eight lakhs forty six thousand nine hundred and seventy three only) with regard to the execution of works under 1.“De-silting of Chintal Tank of Gangarajupuram (V) in Garugubilli (M) of Kurupam Constituency, 2. De- silting of Tama Tank of Nandivanivalasa (V) in Garugubilli (M) of Kurupam Constituency, 3. De-silting of Voora Cheruvu of Nandivanivalasa (V) in Garugubilli (M) of Kurupam Constituency, 4.Desilting of Kotha Tank of Thotapally (V) in Garugubilli (M) of Kurupam Constituency, as illegal, arbitrary and consequently direct the respondents to release the payment of above said bill amounts along with interest 18% p.a. to the petitioner, and pass....” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificates to a tune of Rs.2,50,761/-, Rs.1,20,794/-, Rs.3,76,705/-, Rs.3,24,886/-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. 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 money, no payment is being made. The petitioner contends that such non- 5 VS,J W.P.NO.5495 OF 2024 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. Respondent No.5 has filed a counter stating that the Writ Petition is not maintainable, either on facts or on law laid down by the Hon’ble Supreme Court. It is categorically held that the dispute with regard to payments could not be raised by way of a writ petition on disputed question of fact. But however, it is stated that the respondent No.5 has uploaded bills into CFMS vide CFMS Id:2018-2498436 for an amount of Rs.2,22,499/-; CFMS Id:2018- 2499482for an amount of Rs.94,202/-; CFMS Id:2018-2498910 for an amount of Rs.5,70,395/-; CFMS Id:2018-2498122 for an amount of Rs.2,67,920/-. It is submitted that admitted bills to an tune of Rs.11,55,016/- have been uploaded and processed further to the respondent (Finance Department). It is submitted that the said admitted bills, which have been uploaded and processed further to the respondent (Finance Department), will be paid, after due verification. 6. 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 amount to the petitioner in accordance with the quality control certificates dated 14.08.2018, 29.08.2018, 6 VS,J W.P.NO.5495 OF 2024 25.08.2018, 29.08.2018 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. No costs. 7. 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :15.09.2025 LSP 7 VS,J W.P.NO.5495 OF 2024 154 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5495/2024 15.09.2025 LSP