APHC010436342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22705/2025 Between: 1. M/S VIGNESWARA CONSTRUCTIONS,, REP BY ITS MANAGING PARTNER, V SURESH REDDY, S/O V RAMAMJANEYA REDDY AGED 45 YEARS, R/O D.NO.25/27, SANJEEVA NAGAR, NANDYALA, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP- BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER, TBP.DIVISION, ADONI, KURNOOL DISTRICT. 3. THE CHIEF ENGINEER, DWRD,WRD,KURNOOL DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2 VS,J W.P.No.22705 of 2025 Respondents in withholding the part-11 payments of pending amounts of Rs.7,78,79,852/- ( Rupees Seven Crores Seventy Eight Lakhs Seventy Nine Thousand Eight Hundred and Fifty Two only)even after finalizing the bills payable to the petitioner in relation to the works i..e. Replacing of mechanical components of spillway system of reservoir and formation of protection works in foreshore of gajuladinne project Under The Main Work of improvements Sanjeevaiahsagar (Gajuladinne) project to Accommodate to Extra water to Requirement for yemmiganur municipality under Ciause 60 c of PS To APSS , Agreement no.SE/IC/KNU05/2023-24,Date 09.06.2023 Irrigation Circle Department and pass Prayer is amended as per the Court's Order dt.08.12.2025 in I.A.No.02 of 2025. 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 direct the respondents to forthwith consider releasing the amounts Rs.4,81,88,455/- (Four Crores Eighty One Lakhs, Eighty Eight Thousand Four Hundred and Fifty Five oniy)payable to the petitioner herein, pending disposal of the writ petition and pass IA NO: 2 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 issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the part -II payments of pending amounts of Rs. 4,81,88,455 /- (Rupees Four Crores Eighty One Lakhs Eighty Eight Thousand Four Hundred and Fifty Five only) even after finalizing the bills payable to the petitioner in relation to the works i.e.“ Replacing of mechanical components of spillway system of reservoir and formation of protection works in foreshore of gajuladinne project Under The Main Work of Improvements to Sanjeevaiah sagar (Gajuladinne) project to Accommodate to Extra water Requirement for yemmiganur municipality under Clause 60 c of PS To'A APSS , Agreement no.SE/IC/KNL/05/2023- 24,Date:09.06.2023 99 Irrigation circle Department and pass any other order or orders as this Hon’ble Court may deem fit and proper in the interest of Justice” and Amend it as ““maybe 3 VS,J W.P.No.22705 of 2025 pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the part -II payments of pending amounts of Rs.7,78,79,852/- (Rupees Seven Crores Seventy Eight Lakhs Seventy Nine Thousand Eight Hundred and Fifty Two only) even after finalizing the bills payable to the petitioner in relation to the works i.e.“ Replacing of mechanical components of spillway system of reservoir and formation of protection works in foreshore of gajuladinne project Under The Main Work of Improvements to Sanjeevaiah (Gajuladinne) project tosagar Accommodate to Extra water Requirement for yemmiganur municipality under Clause 60 c of PS To APSS , Agreement no.SE/IC/KNL/05/2023-24,Date:09.06.2023’’ Irrigation circle Department and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.No.22705 of 2025 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the part-11 payments of pending amounts of Rs.7,78,79,852/- ( Rupees Seven Crores Seventy Eight Lakhs Seventy Nine Thousand Eight Hundred and Fifty Two only)even after finalizing the bills payable to the petitioner in relation to the works i..e. Replacing of mechanical components of spillway system of reservoir and formation of protection works in foreshore of gajuladinne project Under The Main Work of improvements Sanjeevaiahsagar (Gajuladinne) project to Accommodate to Extra water to Requirement for yemmiganur municipality under Ciause 60 c of PS To APSS , Agreement no.SE/IC/KNU05/2023-24,Date 09.06.2023 Irrigation Circle Department and pass Prayer is amended as per the Court's Order dt.08.12.2025 in I.A.No.02 of 2025” 2. The petitioner had been awarded the contract of replacing mechanical components of spillway system of reservoir and formation of protection works in foreshore of Gajuladinne project under the main work of improvements to Sanjeevaiahsagar project to accommodate extra water requirement for Yemmiganur municipality, by the Irrigation department. After completion of the works entrusted to the petitioner, 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. 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.22705 of 2025 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. On the other hand, learned Assistant Government Pleader for Irrigation has furnished a copy of the instructions of the 3rd respondent dated 04.12.2025 wherein it is stated that the bill pertaining to the work executed by the petitioner to a tune of Rs.6,07,01,751/- was uploaded in NIDHI module vide token No:2025-9193065 and is under process. 6. In view of the facts and circumstances of the case, 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 within a period of eight (8) 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. 6 VS,J W.P.No.22705 of 2025 Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 06.01.2026 Gss