APHC010040342024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 2421/2024 Between: 1. GHANTA SIVA PRASAD, S/O. RADHA KRISHNA, AGED 59 YEARS, OCC CONTRACTOR, R/O. 25-12-19/1, JOHN STREET, NARASIMHARAO PETA, ELURU, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. CAUSE TITLE IS AMENDED AS PER THE COURT ORDER DT.03.07.2024 VIDE ORDERS PASSED IN I.A.NO.02 OF 2024. 2. THE MANAGING DIRECTOR, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, (APEWIDC), VADDESWARAM, GIMTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, 2 NJS,J W.P.NO.2421 OF 2024 (APEWIDC), 0/O.1 ST LINE, SRI RAM NAGAR, A.T.AGRAHARAM, GUNTUR DISTRICT. 4. THE EXECUTIVE ENGINEER, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, (APEWIDC), ELURU, ELURU DISTRICT. RESP 5. THE COMMISSIONER, FISHERIES DEPARTMENT, VIJAYAWADA. 6. THE JOINT DIRECTOR, FISHERIES DEPARTMENT, ELURU, ELURU DISTRICT. RR 5 AND 6 ARE IMPLEADED AS PER THE COURT'S ORDER DT.03.11.2025 IN I.A.NO.01 OF 2025 ...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 WRIT OF MANDAMUS declaring the action of the respondents in non- payment of amounts due Rs. 17,98,906/- (Rupees Seventeen Lakhs Ninty Eight Thousand Nine Hundred Six only) even after finalizing the bills, payable to the petitioner after the successful completion of the execution of 2 different works at Kovvali Village of Denduluru Mandal in Eluru District (Erst while West Godavari District) connected to the agreement Nos. 89/2018-19 dated 27.06.2018 and 73/2018-19 dated 05.03.2019 duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to pay the part and final bill amounts due payable to petitioner immediately along with accrued interest at 18 percent pa, on gross amount and to pass IA NO: 1 OF 2024 3 NJS,J W.P.NO.2421 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 amounts payable to the petitioner for the 4 different works executed by him at Kowali Village of Denduluru Mandal in Eluru District (Erst while West Godavari District) connected to the agreement Nos. 90/2018-19, 91/2018-19, 94/2018-19 & 95/2018-19, dated 27.06.2018 immediately along with accrued interest at 18% pa, on gross amount. pending disposal of the main writ petition and pass IA NO: 2 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 permit the petitioner to substitute <The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, School Education Departmenf for the existing respondent in cause title 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 Pleased to permit the petitioner to impleadment of the Commissioner, Fisheries Department, Vijayawada and the Joint Director, Fisheries department, Eluru, Eluru District, as the respondents No.5 & 6 in W.P. No. 2421 of 2024, in the interest of justice and pass Counsel for the Petitioner: 1. ANANDA KUMAR VEJANDLA Counsel for the Respondent(S): 1. V CH NAIDU 4 NJS,J W.P.NO.2421 OF 2024 2. GP FOR FISHERIES 3. The Court made the following: 5 NJS,J W.P.NO.2421 OF 2024 ORDER:- Heard Ms.B.Sophia, learned counsel representing Mr.Vejandla Ananda Kumar, learned counsel for the petitioner. Also heard Mr.Lankisetti Radha Krishna, learned counsel representing Mr.V.C.H.Naidu, learned Standing Counsel for APEWIDC and Mr.I.Sai Gopi Manoj Krishna, learned Assistant Government Pleader for Agriculture and Co-operation and Fishes. 2. The present writ petition is filed seeking to declare the action of the respondents in not making payment of amount to a tune of Rs.17,98,906/- even after finalization of the bills, in respect of <Construction of FDO Office Building in Fish Breeder Seed Center at Kovvali Village= as illegal, arbitrary, etc., 3. The learned counsel for the petitioner refers to the averments made in the writ petition, and submits that the subject matter work was certified by the concerned authorities and the same was recorded in the Measurement Books. She submits that there are no complaints whatsoever with regard to the work executed by the petitioner and in such circumstances, non- payment of the amount for the work executed by the petitioner is 6 NJS,J W.P.NO.2421 OF 2024 unjust, arbitrary and violative of rights of the petitioner guaranteed under the Constitution of the India. 4. From a reading of the counter-affidavit filed on behalf of the 5th and 6th respondents, it is, inter-alia, observed that there is no dispute with regard to the amount claimed by the petitioner or the work executed by him. 5. In the light of the admitted position, this Court is inclined to dispose of the writ petition providing that the respondents shall arrange to pay the due amount to the petitioner, after making the statutory deductions, in respect of the subject matter work, as expeditiously as possible, at any rate within a period of six (6) weeks from the date of receipt of a copy of this order. So far as interest is concerned, the petitioner may approach the concerned Forum, if he is so advised. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE NINALA JAYASURYA 03.03.2026 LSP