APHC010123682025 IN THE HIGH COURT OF ANDHRA PRADESH [3333]

AT AMARAVATI (Special Original Jurisdiction)

MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6658/2025 Between:

1. P SR CONSTRUCTIONS,, REP. BY ITS MANAGING PARTNER, SRI K. MADHAVA RAO, S/O. LATE PEDDAMAIAKONDAIAH, AGED ABOUT 43 YEARS, R/O. DARAKANIPADU VILLAGE, GUDLUR MANDAL, PRAKASAM DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHF, GUNTUR DISTRICT.

2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING,SECRETARIAT VELAGAPUDI, AMARAVATHI, 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 particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing the admitted amount to the petitioner for the execution of works in related to Agreement No. 01/2023-24, dated 15-12-2024, VideCFMS Bill Token NO. 2024- 2003955, respectively as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest at 18percent per annum 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 respondent authorities to release admitted amount to the petitioner for the execution of works inrelated to Agreement No. 01/2023-24, dated 15-12-2024 vide CFMS Bill Token NO. 2024- 2003955 respectively, pending disposal of the above writ petition Counsel for the Petitioner:

1. VENKAT SAILENDRA G Counsel for the Respondent(S):

1. GP FOR IRRI AND CAD

2. GP FOR FINANCE PLANNING The Court made the following:

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 respondent authorities in not releasing the admitted amount to the petitioner for the execution of works in related to Agreement No.01/2023-24, dated 15-12-2024, Vide CFMS Bill Token NO. 2024- 2003955, respectively as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest at 18% per annum. ...”

2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the petitioner submitted final bills. 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 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. Respondent No.5 has filed a counter stating that the petitioner’s work bill gross amount is Rs.6,07,58,277.89/- and the deduction amount of Rs.70,10,813.