APHC010475702025 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: 24991/2025 Between: 1. MANNE KOTESWARARAO, , S/O. PITCHAIAH, AGED 55 YEARS, OCC CONTRACTOR R/O. D.NO.403, KANCHANA GANGA, NARA CHANDRA BABU NAIDU COLONY, BENZ CIRCLE, PATAMATA KANNA NAGAR, VIJAYAWADA, N.T.R. DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, (IRRIGATION WING), KRISHNA DISTRICT, MACHILIPATNAM. 4. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, VIJAYAWADA, N.T.R. DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION, GUDIVADA, KRISHNA DISTRICT. 2 VS,J W.P.No.24991 of 2025 6. THE PAY AND ACCOUNT OFFICER, VIJAYAWADA, N.T.R. 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 declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 44,30,977/-, 1) Rs. 10,26,452/- in respect of irrigation O AND M work vide Quality Control Certificate No.42089, its Agreement No. 11/2024-25, dated 17.07.2024, and its M.Book No. 8140, with interest of execution of completion of O AND M works O AND M such as removal of weed growth in Chillalavagu medium drain and its infalling minor drains (in weed free condition) for the year 2024-2025, 2) Rs.7,03,048/- in respect of irrigation O AND M work vide Quality Control Certificate No.42092, its Agreement No. 12/2024-25, dated 17.07.2024, and its M. Book No. 6282, with interest of execution of completion of O AND M works O AND M such as removal of weed growth in Gunderu major drain from Km. 42.600 to Km. 42.600 to Km. 50.200 and its infalling minor drains (in weed free condition) for the year 2024-2025, 3) Rs.6,61,733/- in respect of irrigation O AND M work vide Quality Control Certificate No.42093, its Agreement No. 13/2024-25, dated 17.07.2024, and its M. Book No. 6216, with interest of execution of completion of O AND M works O AND M such as removal of weed growth in Gunderu major drain from km. 50.300 to km. 61.600 and its infalling minor drains (in weed free condition) for the year 2024-2025, 4) Rs.9,60,568/- in respect ofirrigation O AND M work vide Quality Control Certificate No.42091, its Agreement No. 14/2024-25, dated 17.07.2024, and its M. Book No. 6278, with interest of execution of completion of O AND M works O AND M such removal of weed growth in Gunderu Major drain from Km. 30.300 to Km. as 42.500 and its infalling minor drains (in weed free condition) for the year 2024-2025, 5) Rs. 10,79,176/- in respect of irrigation OAND M work vide Gunderu major drain from Km. 19.000 to Km. 30.200 and its branches (in weed free condition) for the year 2024-2025, under Water Resources Department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and 3 VS,J W.P.No.24991 of 2025 consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 44,30,977/- for execution of completion of Water Resources works under Irrigation Department as per agreement to the petitioner forthwith and to pass Quality Control Certificate No.42090, its Agreement No. 15/2024-25, dated 17.07.2024, and its M. Book No. 3215, with interest of execution of completion of O AND M works O AND M such as removal of weed growth in 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 releasing the Final Bill amount of Rs. 44,30,977/-, 1) Rs.10,26,452/- in respect of irrigation O&M work vide Quality Control Certificate No.42089, its Agreement No. 11/2024-25, dated 17.07.2024, 2) Rs.7,03,048/- in respect of irrigation O&M work vide Quality Control Certificate No.42092, its Agreement No. 12/2024-25, dated 17.07.2024, 3) Rs.6,61,733/- in respect of irrigation O&M work vide Quality Control Certificate No.42093, its Agreement No. 13/2024-25, dated 17.07.2024, 4) Rs.9,60,568/- in respect of irrigation O&M work vide Quality Control Certificate No.42091, its Agreement No. 14/2024-25, dated 17.07.2024, 5) Rs.10,79,176/- in respect of irrigation O&M work vide Quality Control Certificate No.42090, its Agreement No. 15/2024-25, dated 17.07.2024, under Water Resources Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA 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.24991 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 declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 44,30,977/-, 1) Rs. 10,26,452/- in respect of irrigation O AND M work vide Quality Control Certificate No.42089, its Agreement No. 11/2024-25, dated 17.07.2024, and its M.Book No. 8140, with interest of execution of completion of O AND M works O AND M such as removal of weed growth in Chillalavagu medium drain and its infalling minor drains (in weed free condition) for the year 2024-2025, 2) Rs.7,03,048/- in respect of irrigation O AND M work vide Quality Control Certificate No.42092, its Agreement No. 12/2024-25, dated 17.07.2024, and its M. Book No. 6282, with interest of execution of completion of O AND M works O AND M such as removal of weed growth in Gunderu major drain from Km. 42.600 to Km. 50.200 and its infalling minor drains (in weed free condition) for the year 2024-2025, 3) Rs.6,61,733/- in respect of irrigation O AND M work vide Quality Control Certificate No.42093, its Agreement No. 13/2024-25, dated 17.07.2024, and its M. Book No. 6216, with interest of execution of completion of O AND M works O AND M such as removal of weed growth in Gunderu major drain from km. 50.300 to km. 61.600 and its infalling minor drains (in weed free condition) for the year 2024-2025, 4) Rs.9,60,568/- in respect ofirrigation O AND M work vide Quality Control Certificate No.42091, its Agreement No. 14/2024-25, dated 17.07.2024, and its M. Book No. 6278, with interest of execution of completion of O AND M works O AND M such removal of weed growth in Gunderu Major drain from Km. 30.300 to Km. as 42.500 and its infalling minor drains (in weed free condition) for the year 2024- 2025, 5) Rs. 10,79,176/- in respect of irrigation OAND M work vide Gunderu major drain from Km. 19.000 to Km. 30.200 and its branches (in weed free condition) for the year 2024-2025, under Water Resources Department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 44,30,977/- for execution of completion of Water Resources works under Irrigation 5 VS,J W.P.No.24991 of 2025 Department as per agreement to the petitioner forthwith and to pass Quality Control Certificate No.42090, its Agreement No. 15/2024-25, dated 17.07.2024, and its M. Book No. 3215, with interest of execution of completion of O AND M works O AND M such as removal of weed growth in” 2. The petitioner had been awarded the contract of (i) removal of weed growth in Chillalavagu medium drain and its infalling minor drains for the year 2024-2025, (ii) removal of weed growth in Gunderu major drain from Km.42.600 to Km.50.200 and its infalling minor drains for the year 2024-2025, (iii) removal of weed growth in Gunderu major drain from Km.50.300 to Km.61.600 and its infalling minor drains for the year 2024-2025, (iv) removal of weed growth in Gunderu major drain from Km.30.300 to Km.42.500 and its infalling minor drains for the year 2024-2025 and (v) removal of weed growth in Gunderu major drain from Km.19.000 to Km.30.200 and its branches for the year 2024-2025, by the Irrigation department. After execution of the said works entrusted to the petitioner, the respondents have also issued five quality control certificates on 04.09.2025. 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- payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 6 VS,J W.P.No.24991 of 2025 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 admitted that the petitioner is eligible to be paid the amount as per the quality control certificates dated 04.09.2025 (i) No.42089 to a tune of Rs.10,26,452.49/-, (ii) No.42093 to a tune of Rs.6,61,733/-, (iii) No.42092 to a tune of Rs.7,03,048/-, (iv) No.42091 to a tune of Rs.9,60,568/- and (v) No.42090 to a tune of Rs.10,79,176.62/-. He further submitted that the amounts payable to the petitioner will be released soon after release of the budget by the Government. 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 amount to the petitioner in accordance with the five quality control certificates dated 04.09.2025 issued by the respondents within a period of four (4) months from the date of receipt of a copy of this order. No costs. 7 VS,J W.P.No.24991 of 2025 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 Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 06.01.2026 Gss