APHC010513622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26515/2024 Between: 1. G. RAVEENDRA REDDY, S/O. BALARAMI REDDY AGE 60 YEARS, R/O. MOLAKALAPUDI VILLAGE CHITTAMUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT ,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, , CADA, ANDHRA PRADESH VIJAYAWADA, NTR DISTRICT 4. THE EXECUTIVE ENGINEER, W.R.D. NELLORE SOUTH DIVISION GUDUR, TIRUPATI DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.NO.26515 OF 2024 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 to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying bill amount of Rs. 5,20,000/- towards the work executed by the petitioner i.e O and M- Category 'A' - 2020-21 (Khariff) - Maintenance of Inspection path for Rajupalem Tank Fields in Rajupalem (V) in Ozili (M) of SPSR Nellore District under Agreement No. 21 DN/2020-21, Dated 21.09.2020, in spite of approval, as illegal, arbitrary, malafide, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bill amount along with interest to the petitioner in the interest of justice and to pass such 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 may be pleased to direct the respondents to pay bill amount of Rs. 5,20,000/- towards the work executed by the petitioner i.e O & M- Category 'A - 2020-21 (Khariff) - Maintemamce of Inspection path for Rajupalem Tank Fields in Rajupalem (V) in Ozili (M) of SPSR Nellore District under Agreement No. 21 DN/2020-21, Dated 21.09.2020, pending disposal of the above writ petition in the interest of justice and pass such Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 VS,J W.P.NO.26515 OF 2024 The Court made the following 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 WRIT OF MANDAMUS declaring the action of the respondents in not paying bill amount of Rs. 5,20,000/- towards the work executed by the petitioner i.e O and M- Category 'A' - 2020-21 (Khariff) - Maintenance of Inspection path for Rajupalem Tank Fields in Rajupalem (V) in Ozili (M) of SPSR Nellore District under Agreement No. 21 DN/2020-21, Dated 21.09.2020, in spite of approval, as illegal, arbitrary, malafide, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bill amount along with interest to the petitioner in the interest of justice and to 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.4,37,115/-. 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 4 VS,J W.P.NO.26515 OF 2024 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. On the other hand, learned Government Pleader placed oral instructions stated 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, however, admitted the amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.4,37,115/-. 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 23.09.2022 issued by the 5 VS,J W.P.NO.26515 OF 2024 respondents within a period of four (04) weeks 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :05.01.2026 LSP