APHC010646842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 33670/2025 Between: 1. K SUBBA REDDY,, S/O. K RADHA REDDY, AGED ABOUT 70 YEARS, OCC CONTRACTOR, R/O. 3-111, YSR CENTRE, KALLAM VEERA REDDY STREET, TADEPALLI, GUNTUR DISTRICT, PINCODE 522501. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, GUNTUR, GUNTUR DISTRICT. 4. THE EXECUTIVE ENGINEER, K.W. DIVISION, TENALI, GUNTUR DISTRICT. 2 VS,J W.P.NO.33670 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.6,37,635/-, even after finalizing the bills, payable to the petitioner in relation to the works i.e., O and M Repairs to removal of weed growth on K.W. Bank Canal in b/w Km 12.500 to Km 37.00 and its branches in Kollipara Madnal, Guntur District, vide Agreement No. 23 KW/ 2022/ 23, dated 22.06.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.6,37,635/- with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith 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 please to direct the respondents to pay for payment of amount of Rs.6,37,635/- .with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. OasM Repairs to removal of weed growth on K.W. Bank Canal in b/w Km 12.500 to Km 37.00 and its branches in Kollipara Madnal, Guntur District, vide Agreement No. 23 KW/ 2022/ 23, dated 22.06.2022, forthwith, pending disposal of the Writ Petition Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 VS,J W.P.NO.33670 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.6,37,635/-, even after finalizing the bills, payable to the petitioner in relation to the works i.e., O and M Repairs to removal of weed growth on K.W. Bank Canal in b/w Km 12.500 to Km 37.00 and its branches in Kollipara Madnal, Guntur District, vide Agreement No. 23 KW/ 2022/ 23, dated 22.06.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.6,37,635/- with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith 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.6,37,635/-. 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.33670 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.6,37,635/-. 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 20.07.2023 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. No costs. 5 VS,J W.P.NO.33670 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 :02.01.2026 LSP