APHC010685322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35559/2025 Between: 1. PAMARTHI MADHAVA RAO, S/O VENKATESWARA RAO, AGED ABOUT 45 YEARS, CONTRACTOR, R/OD.NO.C/1-4, SOBHANAPURAM VILLAGE, AGIRIPALLI MANDAL, ELURU (KRISHNA) DISTRICT - 521211. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522238 3. THE DISTRICT COLLECTOR IRRIGATION WING, N.T.R. DISTRICT, VIJAYAWADA 520002 4. THE SUPERINTENDING ENGINEER, KLR PULICHINTALA PROJECT CIRCLE, VISSANNAPETA, ELURU (KRISHNA) DISTRICT. 534006 5. THE EXECUTIVE ENGINEER, N.S.L.B.C.O AND M DIVISION, NUZVID, ELURU (KRISHNA) DISTRICT 6. THE PAY AND ACCOUNT OFFICER, WORKS AND PROJECTS, ELURU, ELURU (WEST GODAVARI) DISTRICT. ...RESPONDENT(S): 2 VS, J W.P.No.35559 of 2025 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 Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not paying the amount of Rs. 10,24,680/- (Rupees Ten lakh Twenty-four thousand Six hundred and Eighty only) with interest due to the Petitioner under two contractual works executed by me, as illegal, arbitrary, unjust, contrary to the principles of natural justice and violation of the fundamental rights guaranteed under Article 14, 21 and consequently direct the Respondents to pay the amount of Rs. 10,24,680/- (Rupees Ten lakh Twenty- four thousand Six hundred and Eighty only) along with interest per annum due to the Petitioner under contractual work executed by him within the limits of 5th Respondent 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 repay the amount of Rs. 10,24,680/- (Rupees Ten lakh Twenty-four thousand Six hundred and Eighty only) due to the Petitioner under contract work executed by him and pass Counsel for the Petitioner: 1. N V MOHANA 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.35559 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 a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not paying the amount of Rs. 10,24,680/- (Rupees Ten lakh Twenty-four thousand Six hundred and Eighty only) with interest due to the Petitioner under two contractual works executed by me, as illegal, arbitrary, unjust, contrary to the principles of natural justice and violation of the fundamental rights guaranteed under Article 14, 21 and consequently direct the Respondents to pay the amount of Rs. 10,24,680/- (Rupees Ten lakh Twenty-four thousand Six hundred and Eighty only) along with interest per annum due to the Petitioner under contractual work executed by him within the limits of 5th Respondent…... = 2. The petitioner had been awarded the contract of two works as per the agreements, dated 25.11.2024 by the respondents. After execution of the aforementioned contract works, the respondents issued two quality control certificates, dated 07.04.2025 for a sum of Rs.4,19,381/-, dated 07.04.2025 for a sum of Rs.4,97,983/-. 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.No.35559 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 two quality control certificates, dated 07.04.2025 for a sum of Rs.4,19,381/- , dated 07.04.2025 for a sum of Rs.4,97,983/-. 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 respondent Nos.2 to 6 to release the amounts to the petitioner in accordance with two quality control certificates, dated 07.04.2025 for a sum of Rs.4,19,381/-, dated 07.04.2025 for a sum of Rs.4,97,983/- issued by the 5 VS, J W.P.No.35559 of 2025 respondents, within a period of two (2) 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: 07.01.2026 KGR