APHC010102612024 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: 5494/2024 Between: 1. DASARI SRINIVASA RAO, S/O. LATE D. APPALA SWAMI NAIDU, AGED ABOUT 48 YEARS, OCC. CONTRACTOR, R/O. NEAR BUS STAND, JIYYAMAVALASA, JIYYAMAVALASA MANDAL, PARVATHIPURAM MANYAM DISTRICT 535526 (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. 2 VS,J W.P.NO.5494 OF 2024 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, PARVATHIPURAM MANYAM DISTRICT, (ERSTWHILE VIZIANAGARAM DISTRICT). 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 to deposit the total amount of Six bills of Rs.46,68,978/- (Forty Six Lakns Sixty Eight thousand Nine hundred and Seventy Eight only) 1. Agreement No. 466/2017 2018 dare 18-11-2017 for Rs.8,48,371/-(Rupees Eight lakhs Forty Eight thousand Three hundred and Seventy one only) 2. Agreement No.467/2017 -18 date 18-11- 2017, for Rs.4,86,571/- (Rupees Four lakhs Eighty Six thousand Five hundred and seventy one only) 3. Agreement No.468/2017 -18 date 18-11-2017, for Rs.6,76,161/- (Rupees Six lakhs Seventy Six thousand one hundred and sixty one only) 4. Agreement No.469/2017 -18 date 18-11-2017, for Rs.7,92,033/- (Rupees Seven lakhs Ninety Two thousand and thirty three only) 5. Agreement No.471/2017 -18 date 18-11-2017, for Rs.9,30,667/- (Rupees Nine lakhs Thirty thousand Six hundred sixty seven only) 6. Agreement No.982/2016 -17 date 26-03-2017, for Rs.9,35,175/- (Rupees Nine lakhs Thirty Five thousand one hundred and Seventy Five only) with regard to the execution of works under 1. De-silting and Cascade Improvement to Jangam Banda of J.M.Valasa (V) J.M.Valasa (M) of Kurupam Constituency, 2. De- silting and Cascade Improvement to Mandangibanda of J.M.Valasa (V) of Kurupam Constituency, 3. De-silting and Cascade Improvement toPandarank Banda J.R/I.Valasa (V) J.M.Valasa (M) of Kurupam Constituency, 4. De- silting and Cascade Improvement to ChetandoraPoonu tank near J.M.Valasa (V) J.M.Valasa (M) of Kurupam Constituency, 5. De-silting and Cascade Improvement to Venkannadora Cheruvu of Appannadoravalasa (V) J.M.Valasa (M) of Kurupam Constituency, 6. De-silting and Improvements Pipe Uts @ 3.755, 4.626 and Canal Syphon @ km 4.325 on LMC of VR Project near Neelakanthapuram (V) J.M.Valasa (IV) of Kurupam Constituency, 3 VS,J W.P.NO.5494 OF 2024 as illegal arbitrary and consequently direct the respondents to release the payment of above said bill amounts along with interest 18 percentage p.a. to the petitioner, and 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 pass an interim order direct the respondent authorities to disburse the amount of total amount of these Six bills of Rs.Rs.46,68,978/- (Forty Six Lakhs Sixty Eight thousand Nine hundred and Seventy Eight only)1. Agreement No. 466/2017 — 2018 date 18-11-2017 for Rs.8,48,371/-(Rupees Eight lakhs Forty Eight thousand Three hundred and Seventy one only) 2. Agreement No.467/2017 -18 date 18-11-2017, for Rs.4,86,571/- (Rupees Four lakhs Eighty Six thousand Five hundred and seventy one only) 3. Agreement No.468/2017 -18 date 18-11-2017, for Rs.6,76,161/- (Rupees Six lakhs Seventy Six thousand one hundred and sixty one only) 4. Agreement No.469/2017 -18 date 18-11-2017, for Rs.7,92,033/- (Rupees Seven lakhs Ninety Two thousand and thirty three only) 5. Agreement No.471/2017 -18 date 18-11-2017, for Rs.9,30,667/- (Rupees Nine lakhs Thirty thousand Six hundred sixty seven only) 6. Agreement No.982/2016 -17 date 26¬03-2017, for Rs.9,35,175/- (Rupees Nine lakhs Thirty Five thousand one hundred and Seventy Five only) with regard to the execution of works. under 1. "De-silting and Cascade Improvement to Jangam Banda of J.M.Valasa (V) J.M.Valasa (M) of Kurupam Constituency, 2. "De-silting and Cascade Improvement to Mandangibanda of J.M.Valasa (V) of Kurupam Constituency, 3. "De-silting and Cascade Improvement to Pandarank Banda J.M.Valasa (V) J.M.Valasa (M) of Kurupam Constituency, 4. ""De-silting and Cascade Improvement to ChetandoraPoonu tank near J.M.Valasa (V) J.M.Valasa (M) of Kurupam Constituency, 5. "De-silting and Cascade Improvement to Venkannadora Cheruvu of Appannadoravalasa (V) J.M.Valasa (M) of Kurupam Constituency, 6. "De-silting and Improvements Pipe Uts @ 3.755, 4.626 and Canal Syphon @ km 4.325 on LMC of VR Project near Neelakanthapuram (V) J.M.Valasa (M) of Kurupam Constituency, to the account of the petitioner and pass Counsel for the Petitioner: 1. P RAJESWARI 4 VS,J W.P.NO.5494 OF 2024 Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 5 VS,J W.P.NO.5494 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 Six bills of Rs.46,68,978/- (Forty Six Lakhs Sixty Eight thousand Nine hundred and Seventy Eight only) 1. AgreementNo.466/2017-2018 date 18-11-2017 for Rs.8,48,371/- (Rupees Eight lakhs Forty Eight thousand Three hundred and Seventy one only) 2. Agreement No.467/2017-18 date 18-11- 2017, for Rs.4,86,571/- (Rupees Four lakhs Eighty Six thousand Five hundred and seventy one only) 3. Agreement No.468/2017- 18 date 18-11-2017, for Rs.6,76,161/- (Rupees Six lakhs Seventy Six thousand one hundred and sixty one only) 4. Agreement No.469/2017 -18 date 18-11-2017, for Rs.7,92,033/- (Rupees Seven lakhs Ninety Two thousand and thirty three only) 5. Agreement No.471/2017 -18 date 18-11-2017, for Rs.9,30,667/- (Rupees Nine lakhs Thirty thousand Six hundred sixty seven only) 6. Agreement No.982/2016-17 date 26-03-2017, for Rs.9,35,175/- (Rupees Nine lakhs Thirty Five thousand one hundred and Seventy Five only) with regard to the execution of works under 1. De-silting and Cascade Improvement to Jangam Banda of J.M.Valasa (V) J.M.Valasa (M) of Kurupam Constituency, 2. De-silting and Cascade Improvement to Mandangibanda of J.M.Valasa (V) of Kurupam Constituency, 3. De-silting and Cascade Improvement to Pandarank Banda J.R/I.Valasa (V) J.M.Valasa (M) of Kurupam Constituency, 4. De- silting and Cascade Improvement to ChetandoraPoonu tank near J.M.Valasa (V) J.M.Valasa (M) of Kurupam Constituency, 5. De- silting and Cascade Improvement to Venkannadora Cheruvu of Appannadoravalasa (V) J.M.Valasa (M) of Kurupam Constituency, 6. De-silting and Improvements Pipe Uts @ 3.755, 4.626 and Canal Syphon @ km 4.325 on LMC of VR Project 6 VS,J W.P.NO.5494 OF 2024 near Neelakanthapuram (V) J.M.Valasa (IV) of Kurupam Constituency, as illegal, arbitrary and consequently direct the respondents to release the payment of above said bill amounts along with interest 18 percentage 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 certificate to a tune of Rs.6,57,568/-, Rs.4,03,051/-, Rs.6,39,326/-, Rs.7,34,205/-, Rs.6,40,978/- & Rs.3,13,375/- respectively. As the payment of the said amounts have 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- 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 7 VS,J W.P.NO.5494 OF 2024 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:2018-1609850 for an amount of Rs.6,81,240/-; CFMS Id:2018- 1609595 for an amount of Rs.4,17,561/-; CFMS Id:2018-1609845 for an amount of Rs.7,16,045/-; CFMS Id:2018-1609581 for an amount of Rs.8,22,310/-; CFMS Id:2018-1609459 for an amount of Rs.6,62,203/-; CFMS Id:2018-2492980 for an amount of Rs.3,77,589/-. It is submitted that admitted bills to an tune of Rs.36,76,948/- 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 certificate dated 26.10.2018, 14.08.2018 issued by the respondents within a period of four (04) 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. 8 VS,J W.P.NO.5494 OF 2024 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :15.09.2025 LSP 9 VS,J W.P.NO.5494 OF 2024 151 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5494/2024 15.09.2025 LSP