APHC010699022025 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: 35991/2025 Between: 1. AVUTHU VINOD REDDY, S/O A.NAYARANAREDDY, AGED ABOUT 45 YEARS, OCC.CONTRACTOR, R/O VALLABHAPURAM VILLAGE, KOLLIPARA MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI-522237. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, A.P.- 522237. 3. THE DISTRICT COLLECTOR IRRIGATION WING, KRISHNA DISTRICT-520001 4. THE ENGINERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT-520001 5. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT-520001. 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER 2 VS, J W.P.35991 of 2025 RESOURCES DEPARTMENT GUNTUR-522004. 7. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, REPALLE BAPATIA DISTRICT-522265. ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not paying the bills for execution of work vide 1.Agreement no. 4/2024-2025, dt.23-07-2024, 2.Agreement no. 5/2024-2025, dt.23-07-2024, 3. Agreement no. 6 /2024-2025, dt.23-07-2024, total 3 works to an amount of Rs. 6,66,215/- to the petitioner with 18 percentage interest till to day from the date of completion of respective works as illegal arbitrary violation of principles of natural justice and violative of Article 14,19(1)(g), 21 of the Constitution of India consequentially direct the respondents to release the bills of Rs. 6,66,215/- for the above completed works immediately with 18 percentage interest 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 to direct the respondents to release and pay the pending bills of total an amount of Rs.6,66,215/- with interest forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PETA GNANA TEJA 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.35991 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not paying the bills for execution of work vide 1.Agreement no. 4/2024- 2025, dt.23-07-2024, 2.Agreement no. 5/2024-2025, dt.23-07- 2024, 3. Agreement no. 6 /2024-2025, dt.23-07-2024, total 3 works to an amount of Rs.6,66,215/- to the petitioner with 18 percentage interest till to day from the date of completion of respective works as illegal arbitrary violation of principles of natural justice and violative of Article 14,19(1)(g), 21 of the Constitution of India consequentially direct the respondents to release the bills of Rs.6,66,215/- for the above completed works immediately with 18 percentage interest….” 2. The petitioner had been awarded the contract of three works as per the agreement Nos.4, 5 and 6, dated 23.07.2024 by the respondents. After execution of the aforementioned contract works, the respondents issued quality control certificates for three works i.e., 1) dated 27.11.2025 for a sum of Rs.1,78,318/-, 2) for a sum of Rs.3,23,670/- and 3) for a sum of Rs.1,64,227/-. 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 4 VS, J W.P.35991 of 2025 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. 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 27.11.2025 for a sum of Rs.1,78,318/-, 2) for a sum of Rs.3,23,670/- and 3) for a sum of Rs.1,64,227/-. 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 27.11.2025 for a sum of Rs.1,78,318/-, 2) for a sum of Rs.3,23,670/- and 3) for a sum of 5 VS, J W.P.35991 of 2025 Rs.1,64,227/- issued by the 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: 05.01.2026 KGR