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2026 DAILYLAW 26876 (AP)

K LAKSHMI NARAYANA REDDY v. THE STATE OF AP

WP/34268/2025 · 2026-01-05

V Sujatha

body2026

Judgment text

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APHC010660902025 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: 34268/2025 Between: 1. K LAKSHMI NARAYANA REDDY, S/O CHALAMA REDDY, AGED 46 YEARS, OCC CONTRACTOR FLAT. NO. 403, VENKATADHRI APARTMENT, YERRAMUKKAPALLI, KADAPA, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, IRRIGATION WATER RESOURCES PROJECTS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE CHIEF ENGINEERPROJECTS, KADAPA, KADAPA DISTRICT. 3. THE SUPERINTENDING ENGINEER, NTRTGP CIRCLE, KADAPA, KADAPA DISTRICT. 4. THE EXECUTIVE ENGINEER, NTRTGP DIVISION NO 2, KADAPA, KADAPA DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND 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 topleased to issue a writ or direction or order particularly one in the 2 VS,J W.P.34268 of 2025 nature of WRIT OF MANDAMUS declaring the action of the Respondents in withholding the LS II and final bill of the amount of Rs. . 1,01,04,638 /- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Repairs and Renovation of existing NTR TGP Guest House in NTR TGP Colony, Mamillapalli (V) CK Dinne (M), Kadapa YSR District, vide Agreement No. 1SE/2023-2024, Dt. 16.09.2023, is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider payment of the amount of Rs. 1,01,04,638 /- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 pleased to DIRECT the respondents to consider the payment of the amount of Rs. 1,01,04,638 /- even after finalizing the LS II dm final bill, payable to the petitioner in relation to the work i.e., “Repairs and Renovation of existing NTR TGP Guest House in NTR TGP Colony, Mamillapalli (V) CK Dinne (M), Kadapa YSR District”, vide Agreement No. : 1SE/2023-2024, Dt. 16.09.2023,forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA 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.34268 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 34268/2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in withholding the LS II and final bill of the amount of Rs.1,01,04,638/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Repairs and Renovation of existing NTR TGP Guest House in NTR TGP Colony, Mamillapalli (V) CK Dinne (M), Kadapa YSR District, vide Agreement No. 1SE/2023-2024, Dt. 16.09.2023, is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider payment of the amount of Rs. 1,01,04,638 /- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith….” 2. The petitioner had been awarded the contract of work i.e., “Repairs and Renovation of existing NTR TGP Guest House in NTR TGP Colony, Mamillapalli (V) CK Dinne (M), Kadapa YSR District” Vide Agreement No.1SE/2023-24, dt.16.09.2023. After execution of the aforementioned contract work, the respondents issued a quality control certificate i.e., dated 25.09.2025 for a sum of Rs.88,63,463/-. 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. 4 VS,J W.P.34268 of 2025 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 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 dated 25.09.2025 for a sum of Rs.88,63,463/-. 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.1,01,04,638/-, 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 i.e., dated 25.09.2025 for a sum of Rs.88,63,463/-. 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 respondent Nos.2 to 5 to release the amounts to the petitioner in accordance 5 VS,J W.P.34268 of 2025 with the a quality control certificate i.e., dated 25.09.2025 for a sum of Rs.88,63,463/- issued by the respondents, within a period of Six (06) 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: 06.01.2026 KGR