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2025 DIGILAW 1089 (AP)

Penta Vijaya Kumar, S/o. Govindu v. State of Andhra Pradesh, rep. By Its Principal Secretary, Irrigation Department

2025-10-06

V.SUJATHA

body2025
ORDER : V. SUJATHA, J. The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus directing the Respondents to pay the bill amount with interest @ 18 percent per annum for the works under 1) Formation of cross bund across jaganna calva at KM 0.000 at Kandrakota Village limits of Peddapuram Mandal, 2) Cost of Diesel oil for lifting of water free Dabba Calva to supplement the standing crop of Rabi 2020-21 under the Ayacut of Turupumuta Calva in Kandrakota village limits in Peddapuram Mandal, 3) Embankment Repairs of Peddapuram yeru right side bank at 3.40 KM in G.Rangampeta Village of Peddapuram Mandal, 4) Formation of cross bund across jaganna calava at Km.1.50 at Kandrakota Village limits of Peddapuram Mandal, 5) Embankment Repairs of Jaganna calva Right side bank at 1.50 KM in Kandrakota (V) of Peddapuram (M), 6) Embankment Repairs to Dabba calva left side bank at Km.1.00 in Kandrakota Village of Peddapuram Mandal, 7) Embankment Repairs to Dabba calva right side bank at KM 2.50 in Kattamuru village of Peddapuram Mandal, 8) Cost of Diesel oil for lifting of water from Dabba calva to supplement the standing crop of Khariff 2021-22 under the Ayacut of Turupumuta Calva in Kandrakota Village limits in Peddapuram Mandal, 9) Cost of Diesel oil for lifting of water from Dabba Calva to supplement the standing crop for Khariff 2022-2023 under the ayacut of Turupumuta calva in Kandrakota Village limits of Peddapuram Mandal under WUA Kathamuru, in total Rs.30,06,365/-..” 2. The petitioner had been awarded contract of nine works as per agreement Nos.110/2020-21, dated 25.01.2021, 124/2020-21, dated 28.01.2021, 112/2020-21, dated 25.01.2021, 121/2020-21, dated 25.01.2021, 120/2020-21, dated 25.01.2021, 96/2020-21, dated 25.01.2021, 137/2020-21, dated 05.12.2020, 52/2021-22, dated 28.07.2021 and 15/2022-23, dated 16.08.2022 by the 5 th respondent. After execution of the aforementioned contract works, the respondents issued Quality Control Certificate i.e., dated 09.12.2021 for a sum of Rs.2,78,076/-, dated 26.08.2021 for a sum of Rs.7,29,568/-, dated 09.12.2021 for a sum of Rs.3,16,189/-, dated 15.08.2021 for a sum of Rs.3,85,585/- , dated 15.06.2021 for a sum of Rs.1,65,752/-, dated 09.12.2021 for a sum of Rs.3,91,386/-, dated 09.12.2021 for a sum of Rs.3,92,636/- and dated 05.07.2022 for a sum of Rs.2,00,879/-. 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- 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, dated 09.12.2021 for a sum of Rs.2,78,076/-, dated 26.08.2021 for a sum of Rs.7,29,568/-, dated 09.12.2021 for a sum of Rs.3,16,189/-, dated 15.08.2021 for a sum of Rs.3,85,585/- , dated 15.06.2021 for a sum of Rs.1,65,752/-, dated 09.12.2021 for a sum of Rs.3,91,386/-, dated 09.12.2021 for a sum of Rs.3,92,636/- and dated 05.07.2022 for a sum of Rs.2,00,879/-. 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 bill amounts 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. Soon after release of the budget by the Government, the bill amounts 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 certificate, dated 09.12.2021 for a sum of Rs.2,78,076/-, dated 26.08.2021 for a sum of Rs.7,29,568/-, dated 09.12.2021 for a sum of Rs.3,16,189/-, dated 15.08.2021 for a sum of Rs.3,85,585/-, dated 15.06.2021 for a sum of Rs.1,65,752/-, dated 09.12.2021 for a sum of Rs.3,91,386/-, dated 09.12.2021 for a sum of Rs.3,92,636/- and dated 05.07.2022 for a sum of Rs.2,00,879/-, issued by the respondents, within a period of four (4) 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.