APHC010620182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32116/2025 Between: 1. BMR CONSTRUCTIONS, REP.BY.ITS MANAGING PARTNER, SD. HAFEEZ S/O. SD.KHADAR BASHA AGED 55 YEARS NETAJI NAGAR, NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION , SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2 2. THE EXECUTIVE ENGINEER, W.R.D, NELLORE CENTRAL DIVISION, NELLORE DISTRICT. 3 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE 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 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 payments of pending amounts of Rs.78,19,695/- Rupees Seventy Eight Lakhs Nineteen Thousand Six Hundred and Ninety Five only, even after finalizing the bills payable to the petitioner in relation to the works 2 VS, J W.P.32116 of 2025 i.e. The Commissioner, CADA For Rs.372. 00 Lakhs vide proceedings no.COM/CAD/APlLIP-II/DEE.1/903/MI Tanks /2021, Dt 24.01.2022 for Rs.216.00 lakhs (SI.NO.5) And APILP-II has been continued vide Lr.no. OSD andSPD, (APILIP-II) (JICA) COM/CAD/APlLlP-II/DEE.1/903/MI Tanks /2020, Dt.24.01.2022 Irrigation circle Department and pass such any other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. Prayer is amended as per the Court's Order dt.17.12.2025 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 to direct the respondents to forthwith consider releasing the amounts Rs. 46,86,173/- (Rupees Forty Six Lakhs Eighty Six Thousand One Hundred and Seventy Three Only) 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 declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 46,86,173/- (Rupees Forty Six Lakhs Eighty Six Thousand One Hundred and Seventy Three Only), even after finalizing the bills payable to the petitioner in relation to the works i.e.< The Commissioner,CADA For Rs.372.00 Lakhs vide proceedings no.COM/CAD/APILIP-li/DEE.1/903/MI Tanks /2021,Dt: 24.01.2022 for Rs.216.00 lakhs (SI.N0.5) And APILP-II has been continued Lr.no.OSD&SPD,(APIUP-ll)(JICA) ll/DEE.1/903/Mi Tanks /2020,Dt:24.01.2022 vide COM/CAD/APILiP- 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 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 payments of pending amounts of Rs. 78,19,695/- (Rupees Seventy Eight Lakhs Nineteen Thousand Six Hundred 99 and Ninety Five only), even after finalizing the bills payable to the petitioner in relation to the works i.e." The Commissioner,CADA For Rs.372.00 Lakhs vide proceedings no.COM/CAD/APlUP-ll/DEE.I/903/Ml Tanks /2021,Dt: 24.01.2022 for Rs.216.00 lakhs (SI.N0.5) And APILP-II has been continued 3 VS, J W.P.32116 of 2025 Lr.no.OSD&SPD,(APILIP-ll)(JiCA)vide COM/CAD/APlLlP-ll/DEE. 1/903/MI Tanks /2020,Dt:24.01.2022 = 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 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.32116 of 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 payments of pending amounts of Rs.78,19,695/- Rupees Seventy Eight Lakhs Nineteen Thousand Six Hundred and Ninety Five only, even after finalizing the bills payable to the petitioner in relation to the works i.e. The Commissioner, CADA For Rs.372.00 Lakhs vide proceedings no.COM/CAD/APlLIP- II/DEE.1/903/MI Tanks /2021, Dt 24.01.2022 for Rs.216.00 lakhs (SI.NO.5) And APILP-II has been continued vide Lr.no. OSD&SPD, (APILIP-II) (JICA) COM/CAD/APlLlP- II/DEE.1/903/MI Tanks /2020, Dt.24.01.2022 Irrigation circle Department….= 2. The petitioner had been awarded the contract of works i.e, laying of roads and sewage works etc., of R&B Department, Panchayat Raj Department vide agreements dated 15.07.2023, for a final bill amount of Rs.78,19,695/- by the respondents. After execution of the aforementioned contract works, the respondents issued quality control certificate dated 29.04.2025 for a sum of Rs.46,86,173/-. 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 5 VS, J W.P.32116 of 2025 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 i.e., dated 29.04.2025 for a sum of Rs.46,86,173/-. 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.78,19,695/-, 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 dated 29.04.2025 for a sum of Rs.46,86,173/-. 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 respondents to release the amounts to the petitioner in accordance with the quality control certificate i.e., dated 29.04.2025 for a sum of Rs.46,86,173/- 6 VS, J W.P.32116 of 2025 issued by the respondents, within a period of four (04) 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: 07.01.2026 LSP/PBS