APHC010717092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 280/2026 Between: 1. T. NARESH,, S/O. T. MARUTHIRAO, AGED ABOUT 31 YEARS, OCC-CONTRACTOR, R/O. 1-27, NANDIVADA, VENBABAOYDU, KRISHNA DISTRICT-521321. ...PETITIONER AND 1. THE STATE OF ANDHRA 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 STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE SUPERINTENDNETING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, VIJAYAWADA, N.T.R. DISTRICT. 2 VS,J W.P.NO.280 OF 2026 4. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION GUDIVADA, KRISHNA 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 particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not refunding he deposit amount of Rs.1,37,065/- in respect of works i.e ) Agreement No. 73/2023-24, 2) Agreement No. 74/2023-24 dated. 13.10.2023 name of the work FDR-Desilting of Thallapalem Major drain from Km 1.571 to KM 1.773 and FDR- Desilting of Thallapalem Major Drain from KM 0.650 to KM 0.828 vide M.Book Nos. 5782DG and vide QC.Nos. 41957 and 41953 respectively which in Drainage Division, Gudivada, Krishna District Under Water Resources 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 violation of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the refunding the deposits (EMD and FSD) amount of Rs.1,37,065/- to the petitioner with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above mentioned works forthwith and to pass IA NO: 1 OF 2026 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 refunding the deposits (EMD&FSD) amount of Rs.1,37,065/- to the petitioner for execution of completion of works as per agreements forthwith, pending disposal of the above writ petition and to pass 3 VS,J W.P.NO.280 OF 2026 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: 4 VS,J W.P.NO.280 OF 2026 ORDER:- This writ petition is 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 declaring the action of the respondents in not refunding he deposit amount of Rs.1,37,065/- in respect of works i.e.,1) Agreement No. 73/2023- 24, 2) Agreement No. 74/2023-24 dated. 13.10.2023 name of the work FDR-Desilting of Thallapalem Major drain from Km 1.571 to KM 1.773 and FDR- Desilting of Thallapalem Major Drain from KM 0.650 to KM 0.828 vide M.Book Nos.5782DG and vide QC.Nos. 41957 and 41953 respectively which in Drainage Division, Gudivada, Krishna District Under Water Resources 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 violation of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the refunding the deposits (EMD and FSD) amount of Rs.1,37,065/- to the petitioner with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above mentioned works forthwith...= 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 certificates to a tune of Rs.8,88,912.49/- and Rs.8,67,707.28/- 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 5 VS,J W.P.NO.280 OF 2026 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 Government Pleader placed on record written instructions submitted by the 4th respondent/Executive Engineer, Drainage Division, Gudivada, vide Letter No.EE/DRG/GDV//AB/A3/Court Cases/21M, dated 07.01.2026, wherein it is stated that the status of the bill payable to the petitioner are referred as under:- Sl. no. W.P.No. Type of work Name of work SAP No Nidhi bill Bill Amount STATUS OF BILL 1 W.P.No.2 80 of 2026 FDR Desilting of Thallapalem Major drain from Km 1.571 to KM 1.773 Agreement No. 73/2023- 24 69360 The bill will be uploaded shortly 2 Desilting of Thallapalem Major Drain from KM 0.650 to KM 0.828 Agreement No. 74/2023- 24 dated. 13.10.2023 releasing the refunding the deposits EMD amount 67705 The bill will be uploaded shortly 5. 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 6 VS,J W.P.NO.280 OF 2026 Petition is disposed of with a direction to the respondents to release the amount payable to the petitioner, within a period of four (04) weeks from the date of receipt of a copy of this order. No costs. 6. 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. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _______________________ JUSTICE V.SUJATHA 08.01.2026 LSP