APHC010629232025 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: 34854 OF 2025 Between: 1. SRI VIGNESWARA CONSTRUCTIONS, REP.BY. MANAGING PARTNERV. SURESH REDDY, S/O V.RAMANJANEYA REDDY, AGED 36 YEARS, D.NO.25-27, SANJEEVA NAGAR, NANDYALA, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECTARY, DEPARTMENT OF IRRIGATION AND COMMAND AREA, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE CHIEF ENGINEER, MINOR IRRIGATION, WATER RESOURCES DEPARTMENT (WRD), 2ND FLOOR, NAMBOORI, D.NO14-7-29, GOPAL RAO ST, HANUMANPET, VIJAYAWADA, ANDHRA PRADESH 520003. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, CHITTOOR, THOTAPALYAM, CHITTOOR, ANDHRA PRADESH- 517001. 4. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, MADANAPALLE, CHITTOOR, ANDHRA PRADESH-517325. 5. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECTARY, DEPARTMENT OF FINANCE, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2 VS,J W.P.No.34854 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 of respondents not releasing the final bill payments due to the petitioner even after closing the contract for the work executed under the contract Formation of New Tank across Kushavathi River near Kushavathi River near Gatchamvaripalle in Peddamandyam (M), Chittoor District, as per Memo No.lCDOI- MINROICO8(WADS)/30/2018-1, dated 20.02.2019 is illegal, arbitrary, and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents to finalize the bill and release the final payments and other deposits and the settlement of our account at the earliest Agreement No. 16 SE/2011-12, dated 06.07.2011 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 to direct the respondents to consider the petitioner’s representation dated 26.09.2025 and take a decision the settlement of the petitioner’s account at the earliest under Agreement No. 16 SE/2011^^12, dated 06.07.2011, expeditiously within 4 weeks. and pass Counsel for the Petitioner: 1. GORANTLA MALLESWARA REDDY 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.No.34854 of 2025 ORDER: The present Writ Petition is came to filed under Article 226 of the Indian 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 of respondents not releasing the final bill payments due to the petitioner even after closing the contract for the work executed under the contract Formation of New Tank across Kushavathi River near Kushavathi River near Gatchamvaripalle in Peddamandyam (M), Chittoor District, as per Memo No.lCDOI- MINROICO8(WADS)/30/2018-1, dated 20.02.2019 is illegal, arbitrary, and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents to finalize the bill and release the final payments and other deposits and the settlement of our account at the earliest Agreement No.16SE/2011-12, dated 06.07.2011…’’ 2. The petitioner has awarded the contract work “Formation of New Tank across Kushavathi River near Gatchamvaripalle in Peddamandyam mandal, Chittoor District” as per Agreement.No.16SE/2011-12, dated 06.07.2011 by the respondents. The grievance of the petitioner is that, in spite of completion of the aforesaid works, the respondent authorities have not released the final payments and other deposits and the settlement of account in favor of the petitioner. Challenging which, the present writ petition is filed. 3. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Irrigation and learned Assistant Government Pleader for Finance & Planning representing the respondents. 4 VS,J W.P.No.34854 of 2025 4. 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. 5. 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. 6. Learned Assistant Government Pleader for Irrigation has furnished a copy of instructions of the Executive Engineer, Irrigation Division, Madanapalle vide letter dated 06.01.2026, wherein it is stated that the agency has left the site of work since 28.09.2015 and applied for closure of the work on 30.03.2017. After final scrutiny of the records, the Superintending Engineer, Irrigation Circle, Chittoor has given permission to close the work vide proceedings.No.SE/IC/CTR/DB/T1/112MPL, dated 29.05.2019. It is further stated that an overall total payment of Rs.3,24,67,709/- has been paid to the petitioner in different spells out of the agreement value of Rs.4,11,51,402/- and that the release of the balance payment, including deposits, is under process in the NIDHI Portal. 7. Recording the above instructions, the Writ Petition is disposed of, directing the respondents to release the balance admitted amount payable to 5 VS,J W.P.No.34854 of 2025 the petitioner, within a period of six (06) months from date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 06.01.2026 KGR