APHC010546402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28652/2024 Between: 1. SRI VB CONSTRUCTION, 70-17-10/5, BHAVANI NAGAR, NFCL ROAD, KAKINADA, KAKINADA DISTRICT. REP. BY ITS MANAGING PARTNER, KONERU SRINIVASA PRASAD. 2. KONERU SRINIVASA PRASAD,, S/O. BHASKARA RAO, AGED 54 YEARS, OCC. CONTRACTOR, R/O. H.NO. 69-7-2/2, RAJENDRA NAGAR, GAIGOLUPADU, KAKINADA, KAKINADA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (IRRIGATION AND CAD) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. ANDHRA PRADESH STATE IRRIGATION DEVELOPMENT CORPORATION LTD, (APSIDC LTD.,) REP. BY ITS VICE CHAIRMAN 8B MANAGING DIRECTOR, D.NO. 29-36-37, 3RD FLOOR, AMMANA ESTATES, PRAKASAM ROAD, GOVEMORPET, VIJAYAWADA. 4. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 2 5. SUPERINTENDING ENGINEER, APSIDC CIRCLE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 6. EXECUTIVE ENGINEER, APSIDC DIVISION,ELURU, ELURU DISTRICT. 7. DEPUTY EXECUTIVE ENGINEER, APSIDC SUB DIVISION, RAJ AMAHENDRAVARAM, EAST GODAVARI DISTRICT. 8. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DEPARTMENT, ELURU, ELURU 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 tomay be pleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e.. Construction and Commissioning of Molleru, Mallavaram and Govindapuram LI Schemes on Fore Shore of Yeleru Reservoir in Gokavaram Mandal of East Godavari District on Turkey Basis Including Maintenance of the Scheme for Two Years through the Agreement No.26 /2018-19, dated 13-02-2019 for an amount of Rs.84,82,104/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.84,82,104/- for the pending bills forthwith for the above said works executed by the petitionersand pass IA NO: 1 OF 2024 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 may be pleased to direct respondents to consider for payment of amount of Rs.84,82,104/- for the pending bills for the works executed by the petitioners i.e.. Construction and Commissioning of Molleru, Mallavaram and Govindapuram LI Schemes on Fore Shore of Yeleru Reservoir in Gokavaram Mandal of East Godavari District on Turkey Basis Including Maintenance of the Scheme for Two Years through the Agreement No.26 /2018-19, dated 13- 02-2019 for an amount of Rs.84,82,104/- forthwith, pending disposal of the main Writ Petition and pass IA NO: 1 OF 2026 3 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 May be pleased to grant leave and permit the Respondent No.6 to file Counter Affidavit in W.P. No. 28652 of 2024 and to pass Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. MALLIPUDI DHANA RAJU SC for APIDC Ltd. 3. GP FOR FINANCE PLANNING 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.28652 of 2024 ORDER: 1. The petitioners have been awarded the contract of work(s) under the subject scheme in East Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.84,82,104/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioners have approached this Court by way of this writ petition. 2. It is the contention of the petitioners that even though the respondents admitted that the petitioners are entitled for payment of Rs.84,82,104/-, no payment is being made. The petitioners contend that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 3. 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. 4. On the other hand, learned Standing Counsel for the APICS has placed on record the counter affidavit filed by the 6th respondent-Executive Engineer APSIDC Division, Eluru and submits that the bank guarantee submitted by the agency for an amount of Rs.94,46,812/- towards Earnest Money Deposit has 5 been lapsed and was requires to be revalidation for uploading the bills and the petitioners requested to deduct the above EMD in LS IV & part bill and admitting net amount of Rs.2,83,228/- payable to the petitioners. But, the subject bill was not uploaded for payment. Soon after uploading of the bill, an amount of Rs.2,83,228/- will be paid to the petitioners. 5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioners, learned Standing Counsel for the APICS, this Writ Petition is disposed of with a direction to the respondents to release the net amount of Rs.2,83,228/- to the petitioners, within a period of two months. No order as to costs. 6. In fact there is no admission by the Respondents either in their Written Instructions regarding the payment of interest component or by oral submissions made by the Government Pleader/Standing Counsel for Respondents. Much less, the interest component as claimed by the petitioners was neither admitted nor approved at their final bills of the respondents. Hence, in the absence of any such admission, this Court is not inclined to grant any specific amount as it admitted under the head of interest. However, the Petitioners are entitled for interest component as per the terms of Agreement if permits and also in the case of delayed payments, as per the ratio laid down by the Division Bench of this Court in W.A.No.724 of 2021. Therefore, the respondents are hereby directed to pay admitted amount of Rs.2,83,228/- within a period of two months from the date of receipt of copy of this order. As far as interest is concerned, if both parties have agreed 6 regarding the quantum of amount towards interest, the same should be paid along with admitted amount, if not, petitioners are at liberty to submit a representation or a Memo of Statement requesting for payment of interest. If petitioners are entitled for the same, after such submission of representation or Memo, the concerned respondent authorities shall consider and pass appropriate orders after providing opportunity of hearing to both parties in case of rejection or reduction of interest amount claimed by the petitioners, within a period of two (02) months thereafter. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Dated: 08.09.2026 BSM 7 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.28652 OF 2024 Dt: 08.09.2026 BSM