APHC010436262025 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: 22687/2025 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 Respondents in withholding the part-IV payments of pending amounts of 2 VS,J W.P.22687 of 2025 Rs.9,89,85,413/- (Nine Crores Eighty Nine Lakhs, Eighty Five Thousand Four Hundred and Thirteen only)even after finalizing the bills payable to the petitioner in relation to the works i.e.Improvements to Bund From Ch.Km.1.503 To Km.4.275 of Gajuladinne Project Under The Main Work of Improvements to Sanjeevaiahsagar (Gajuladinne) project to Accommodate to Extra water Requirement for yemmiganur municipality under Clause 60 c of PS To APSS, Agreement no.SE/IC/KNU10/2022-23,Date12.10.2022 Irrigation circle Department 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 direct the respondents to forthwith consider releasing the amountsRs. 9,89,85,413/- (Nine Crores Eighty Nine Lakhs, Eighty Five Thousand Four Hundred and Thirteen only)payable to the petitioner herein, pending disposal of the writ petition 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: 3 VS,J W.P.22687 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22687/2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: <…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-IV payments of pending amounts of Rs.9,89,85,413/- (Nine Crores Eighty Nine Lakhs, Eighty Five Thousand Four Hundred and Thirteen only)even after finalizing the bills payable to the petitioner in relation to the works i.e. Improvements to Bund From Ch.Km.1.503 To Km.4.275 of Gajuladinne Project Under The Main Work of Improvements to Sanjeevaiahsagar (Gajuladinne) project to Accommodate to Extra water Requirement for yemmiganur municipality under Clause 60 c of PS To APSS, Agreement no.SE/IC/KNU10/2022-23,Date12.10.2022 Irrigation circle Department….= 2. The petitioner had been awarded the contract of work i.e., <Improvements to Bund from Ch.Km.1.503 to Km.4.275 of Gajuladinne Project under the main work of improvements to Sajeevaiahsagar (Gajuladinne) project to Accommodate to Extra Water Requirement for yemmiganur municipality under Clause 60 c of PS to APSS, Agreement No.SE/IC/KNL/10/2022-23, Date:12.10.2022=. After execution of the aforementioned contract work, the respondents issued a quality control 4 VS,J W.P.22687 of 2025 certificate i.e., dated 26.03.2024 for a sum of Rs.7,22,18,161/-. 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 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. 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. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate dated 26.03.2024 for a sum of Rs.7,22,18,161/-. 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. Though the petitioner claims to be entitled to Rs.9,89,85,413/-, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificate issued by the respondents i.e., dated 26.03.2024 for a sum of Rs.7,22,18,161/-. 5 VS,J W.P.22687 of 2025 7. 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 respondent Nos.2 to 4 to release the amounts to the petitioner in accordance with the a quality control certificate i.e., dated 26.03.2024 for a sum of Rs.7,22,18,161/- issued by the respondents, within a period of Eight (08) months from the date of receipt of a copy of this order. 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: 06.01.2026 KGR