APHC010678402025 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: 35062/2025 Between: 1. U JAYA SUBBA REDDY, S/O CHINNA SUBBI REDDY, R/O 1/27, RAJUVARIPETA, CHAPADU MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT 522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT 522237 3. THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT.516004 4. THE DISTRICT COLLECTOR, NANDYAL, KURNOOL DISTRICT. 518501 2 VS,J WP No.35062 of 2025 5. THE SUPERINTENDENT ENGINEER, K.C. CANAL DIVISION, NANDYAL, KURNOOL DISTRICT. 518501 6. THE EXECUTIVE ENGINEER, W.R.D K.C. CANAL DIVISION, NANDYAL, KURNOOL DISTRICT. 518501 7. THE ASSISTANT PAY AND ACCOUNTS OFFICER, (WORKS AND ACCOUNTS), NANDYAL, KURNOOL DISTRICT.518501 ...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 Writ or Order or a direction, more particularly in the form of writ of mandamus, declaring the action of the Respondents in not making payment of Rs.9,44,755.90/- (Rupees nine lakhs fourty four thousand seven hundred and fifty five rupees only) due to the petitioner for the execution of works in chapadu channel near thimmayapalli village of chapadu mandal, of YSR district vide Agreement dated 25.07.2023, as highly illegal, irregular, arbitrary, unreasonable, unjustified, unfair and in violation of the Article 14 and 21 of the Constitution of India and consequently direct the Respondents to make the payment of aforementioned amount forthwith along with interest @ 24percentage P.A., to the petitioner 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 pay an amount Rs.9,44,755.90/- (Rupees nine lakhs fourty four thousand seven hundred and fifty five rupees only) due to the petitioner for the execution of works in chapadu channel near thimmayapalli village of chapadu mandal, of YSR district vide Agreement dated 25.07.2023, pending disposal of the main Writ Petition Counsel for the Petitioner: 3 VS,J WP No.35062 of 2025 1. S DUSHYANTH REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING 4 VS,J WP No.35062 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 Writ or Order or a direction, more particularly in the form of writ of mandamus, declaring the action of the Respondents in not making payment of Rs.9,44,755.90/- (Rupees nine lakhs forty four thousand seven hundred and fifty five rupees and ninety paisa only) due to the petitioner for the execution of works in chapadu channel near Thimmayapalli village of chapadu mandal, of YSR district vide Agreement dated 25.07.2023, as highly illegal, irregular, arbitrary, unreasonable, unjustified, unfair and in violation of the Article 14 and 21 of the Constitution of India and consequently direct the Respondents to make the payment of aforementioned amount forthwith along with interest @ 24 % P.A., to the petitioner and 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.8,60,002.48/- 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. 5 VS,J WP No.35062 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.8,60,002.48/- 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 06.11.2023 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. No costs. 6 VS,J WP No.35062 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 :06.01.2026 LSP