APHC010683522025 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: 35245/2025 Between: 1. BOLLA KIRAN KUMAR, S/O. B. RAMBABU AGED ABOUT 31 YEARS, OCC CONTRACTOR, R/O. 1/49-1, ULLIPALEM, POTHERPALLI, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHARA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDING ENGINEER, SUPERINTENDING ENGINEER IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, VIJAYAWADA, N.T.R. DISTRICT 3. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION, GUDIVADA, KRISHNA DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, 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 an appropriate Writ, Order or direction more 2 VS,J W.P.No.35245 of 2025 particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bills an amount of Rs.8,62,232/- vide Agreement No.38/2025-26, dated 28.06.2025, D.R.No. 4/2025-26 dt, 15.052025, Q.C.No.42288 and M.Book. No.6384DG, name of the Work Restoration of Irrigation system for effective Water Regulation including Monitoring and Management of Old Bhumicodu Medium Drain and its Medium Minor drains and Jonnapadu Medium Drain, for execution completion of works under Irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bill of total amount worth of Rs.8,62,232/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to 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 releasing the Final Bill amount of Rs.8,62,232/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO 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.35245 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bills an amount of Rs.8,62,232/- vide Agreement No.38/2025-26, dated 28.06.2025, D.R.No. 4/2025-26 dt, 15.052025, Q.C.No.42288 and M.Book. No.6384DG, name of the Work Restoration of Irrigation system for effective Water Regulation including Monitoring and Management of Old Bhumicodu Medium Drain and its Medium Minor drains and Jonnapadu Medium Drain, for execution completion of works under Irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bill of total amount worth of Rs.8,62,232/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass.….” 2. The petitioner had been awarded the contract of restoration of irrigation system for effective water regulation including monitoring and management of old Bhimicodu medium drain and Jonnapadu medium drain, by the Irrigation department. After completion of the works entrusted to the petitioner, as the payment of the amount payable 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 4 VS,J W.P.No.35245 of 2025 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. 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 for Irrigation has furnished a copy of the instructions of the 3rd respondent dated 18.12.2025 wherein it is stated that the bill pertaining to the work executed by the petitioner to a tune of Rs.8,62,232/- would be uploaded in NIDHI portal and that it is under process. 6. 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 respondents to release the admitted amount to the petitioner within a period of two (2) months from the date of receipt of a copy of this order. No costs. 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. 5 VS,J W.P.No.35245 of 2025 Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 05.01.2026 Gss