APHC010679052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35050/2025 Between: 1. RAPAKA UDAYA BHASKARA RAO, S/O. SURANNA, AGED 67 YEARS, OCC CONTRACTOR, R/O. D. NO 2-152, ATTHILI VILLAGE AND MANDAL, WEST GODAVARI DISTRICT.534134 2. SRI K BULLEYYA,, S/O SATYANARAYANA, AGED ABOUT 67 YEARS, OCC CONTRACTOR, R/O D NO 12-8-10(1), GUNUPUDI SOMAGUNDHAM NORTH, BHEEMAVARAM,531115 WEST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, THE GOVERNMENT OF ANDHRA PRADESH 2ND BLOCK, 1ST FLOOR, ROOM NO.287, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST. 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, 27-20-44, MUSEUM RD, VENKATESHWARA RAO STREET, GOVERNORPETA, VIJAYAWADA, ANDHRA PRADESH 520 002, 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, AT BHIMAVARAM. 534201 2 VS, J W.P.35050 of 2025 5. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, ELURU, WEST GODAVARI DISTRICT 534001 6. THE EXECUTIVE ENGINEER, G W DIVISION, NIDDAVOLE, WEST GODAVARI DISTRICT. 534301 ...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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ to declare the action of the respondents in not paying the Final Bill to a tune of Amount of Rs. 18,11,996/- for 2 works to the petitioners i.e., vide (1) Agreement No. 39/2024-25, dt.08-07-2024 and (2) Agreement No. 38/2024- 25, dt.08-07-2024 as illegal, and violation of Article - 14 and 21 of the Constitution of India, consequently direct the respondents to release the bills to tune of amount Rs.18,11,996/- with 24percentage interest till to day from the date of completion of respective works immediately and to 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 release the amount of Rs.18,11,996/-. towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main Writ Petition, and to pass Counsel for the Petitioner(S): 1. A.SREE RAM Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING The Court made the following: 3 VS, J W.P.35050 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 order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ to declare the action of the respondents in not paying the Final Bill to a tune of Amount of Rs.18,11,996/- for 2 works to the petitioners i.e., vide (1) Agreement No. 39/2024-25, dt.08-07-2024 and (2) Agreement No. 38/2024- 25, dt.08-07-2024 as illegal, and violation of Article - 14 and 21 of the Constitution of India, consequently direct the respondents to release the bills to tune of amount Rs.18,11,996/- with 24% interest till to day from the date of completion of respective works immediately….” 2. The petitioner had been awarded the contract of two works as per the agreement Nos.38 and 39, dated 08.07.2024 by the respondents. After execution of the aforementioned contract works, the respondents issued quality control certificates for two works i.e., 1) dated 14.11.2025 for a sum of Rs.5,41,743/- and 2) dated 11.07.2025 for a sum of Rs.12,70,253/-. As the payment of the said amounts 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 amount, no payment is being made. The petitioner contends that such non- 4 VS, J W.P.35050 of 2025 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. On the other hand, learned Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificates 1) dated 14.11.2025 for a sum of Rs.5,41,743/- and 2) dated 11.07.2025 for a sum of Rs.12,70,253/-. 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. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 7. 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 amounts to the petitioner in accordance with the quality control certificates 1) dated 14.11.2025 for a sum of Rs.5,41,743/- and 2) dated 11.07.2025 for a sum of Rs.12,70,253/- issued 5 VS, J W.P.35050 of 2025 by the respondents, within a period of three (3) 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: 05.01.2026 KGR