APHC010595382025 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: 31012/2025 Between: 1. RKN PROJECTS PRIVATE LTD,, AUTHORISED BY, N. SAI HEMANTH KUMAR, S/O N. RAMESH KUMAR, AGED ABOUT 30 YEARS, OCC CONTRACTOR, R/O D NO 26-2- 29, 2ND LANE, RITHWIK, ENCLAVE, A.K.NAGAR, NELLORE, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, NELLORE, S.P.S.R. NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, WRD, NELLORE CENTRAL DIVISION, S.P.S.R NELLORE DISTRICT. 2 VS,J W.P.NO.31012 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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents not paying LS-V and Part Bill Gross amount of Rs. 2,95,35,525/- for execution of the work under Construction of Submersible Cause Way Across The Pennar River Between Mudivarthi And Mudivarthipalem (V), Vidavaluru Mandal, SPSR Nellore District, with Agreement No 51SE/2023-24 Dated 22.01.2024 to the petitioner is arbitrary, illegal and violative of Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay the LS-V and Part Bill Gross amount of Rs.2,95,35,525/- with 18percent interest to the petitioner 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 pay the LS-V and Part Bill Gross amount of Rs.2,95,35,525/- for execution of the work under “Construction of Submersible Cause Way Across The Pennar River Between Mudivarthi And Mudivarthipalem (V), Vidavaluru Mandal, SPSR Nellore District, with Agreement No: 51SE/2023-24 Dated: 22.01.2024 to the petitioner immediately, pending disposal of the main writ petition Counsel for the Petitioner: 1. S SIVA KUMARI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 VS,J W.P.NO.31012 OF 2025 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 not paying LS-V and Part Bill Gross amount of Rs. 2,95,35,525/- for execution of the work under Construction of Submersible Cause Way Across The Pennar River Between Mudivarthi And Mudivarthipalem (V), Vidavaluru Mandal, SPSR Nellore District, with Agreement No 51SE/2023-24 Dated 22.01.2024 to the petitioner is arbitrary, illegal and violative of Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay the LS-V and Part Bill Gross amount of Rs.2,95,35,525/- with 18percent 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.2,64,78,686/-. 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. 4 VS,J W.P.NO.31012 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 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.2,64,78,686/-. 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 28.08.2025 issued by the respondents within a period of six (06) months from the date of receipt of a copy of this order. No costs. 5 VS,J W.P.NO.31012 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. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :05.01.2026 LSP