Jinnuri Phani Surya Viswa Kumar Vs the State of Andhra Pradesh

JINNURI PHANI SURYA VISWA KUMAR, S/O.VENKATESWARA RAO, AGED ABOUT 37 YEARS, D.NO.2-64, JINNURU VARIPALEM, NANGAVARAM VILLAGE, UPPALAGUPTAM MANDAL, EAST GODAVARI DISTRICT-533222

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY - IRRIGATION, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARYFINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

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THE SUPERINTENDING ENGINEER SE, DHAVALESWARAM CIRCLE - RAJAHMANDRY, EAST GODAVARI DISTRICT

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THE EXECUTIVE ENGINEER, GODAVARI CENTRAL DIVISION WATER RESOURCES DEPARTMENT, AMALAPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

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THE ASST ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION SECTION, AINAPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

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THE DEPUTY EXECUTIVE ENGINEER DY EE, WATER RESOURCES DEPARTMENT, IRRIGATION SUB DIVISION, AMALAPURAM,

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DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

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THE PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT.

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...RESPONDENT(S):

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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, order or direction, declaring the action of the action of the respondents in not making the payments covered under the work orders a) Rs.3,53,561/- (Three Lakhs Fifty-Three Thousand Five Hundred Sixty-One rupees) after deducting the various fees for Dr.No.76/24-25 and LS.No.73/24-25. b) Rs. 3,49,600/- (Three lakhs forty-nine thousand six hundred rupees) after deducting the various fees for Dr.No.81/24-25 and LS.N0.74/24-25 Respectively (Total amount of Rs.7,03,161/-(Seven Lakhs Three Thousand One Hundred Sixty One rupees) though I am submitting the bill certificates as illegal, arbitrary and violation of Articles 14, 21 & 300-A of the Constitution of India and further direct the respondents to clear the bills covered under 2 work orders in Lr.No.E.E /G.C.D/A.M.P//D.B/J.T.O-2/786M. Dt.16.07.2024, D.R.No.76/2024-25 for Rs.3,53,561/-.Lr.No.E.E/G.C.D/A.M.P//D.B/J.T.O-2/ 879 M. Dated.26.07.2024, D.R.No.81/2024-25 for Rs.3,49,600/-respectively by raising the forthwith.

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IA NO: 1 OF 2025:

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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 grant interim direction directing the respondents to clear the bills covered under the two work orders in Lr.No. E.E/ G.C.D/A.M.P//D.B/J.T.O-2/786M. Dt.16.07.2024, D.R.No.76/2024-25 for Rs.3,53,561/- Lr. No. E.E/G.C.D/A.M.P//D.B/J.T.O-2/879M. Dated.26.07.2024, D.R.No.81/2024-25 for Rs.3,49,600/- Total amount of Rs.7,03,161/- (Seven Lakhs Three Thousand One Hundred Sixty One rupees) to the petitioner along with 24% interest, pending disposal of the above writ petition.

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Counsel for the Petitioner:

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1.SUDHAKARA RAO.BYRISETTI

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Counsel for the Respondent(S):

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1.GP FOR IRRI AND CAD

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2.GP FOR FINANCE PLANNING

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The Court made the following ORDER:

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The present writ petition came to be filed under Article 226 of the

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Constitution of India seeking the following relief:

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<…to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the action of the respondents in not making the payments covered under the work orders a) Rs.3,53,561/- (Three Lakhs Fifty-Three Thousand Five Hundred Sixty-One rupees) after deducting the various fees for Dr.No.76/24-25 and LS.No.73/24-25. b) Rs. 3,49,600/- (Three lakhs forty-nine thousand six hundred rupees) after deducting the various fees for Dr.No.81/24-25 and LS.N0.74/24-25 Respectively (Total amount of Rs.7,03,161/-(Seven Lakhs Three Thousand One Hundred Sixty One rupees) though I am submitting the bill certificates as illegal, arbitrary and violation of Articles 14, 21 & 300-A of the Constitution of India and further direct the respondents to clear the bills covered under 2 work orders in Lr.No.E.E /G.C.D/A.M.P//D.B/J.T.O-2/786M. Dt.16.07.2024, D.R.No.76/202425 for Rs.3,53,561/-.Lr.No.E.E/G.C.D/A.M.P//D.B/J.T.O-2/ 879 M. Dated.26.07.2024, D.R.No.81/2024-25 for Rs.3,49,600/respectively by raising the forthwithand pass such other order or orders as this court may deems fit and proper in the circumstances of the case.=

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The petitioner had been awarded the contract of two works as per the agreements dated 16.07.2024 and 26.07.2024 by the Irrigation Department. After execution of the aforementioned contract works, the respondents issued Quality Control Certificates dated 3.11.2025 for a sum of Rs.3,53,561/- and Rs.3,49,600/-. As the payment of the said amounts has not been made by the

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respondents, the petitioner has approached this Court by way of this writ petition.

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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 nonpayment of money is clearly arbitrary and high-handed requiring the interference of this Court.

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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.

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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 3.11.2025 for a sum of Rs.3,53,561/- and Rs.3,49,600/-. 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.

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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.

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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

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direction to the respondents to release the amounts to the petitioner in accordance with the Quality Control Certificates dated 3.11.2025 for a sum of Rs.3,53,561/- and Rs.3,49,600/- Issued by the respondents, within a period of

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Two (2) months from the date of receipt of a copy of this order.

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As far as interest component is concerned, if there is any subsisting

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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.

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Consequently, Miscellaneous Petitions, if any, pending shall stand closed.

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______________________ JUSTICE V.SUJATHA

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Date: 15.12.2025 KGR

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THE HONOURABLE SMT JUSTICE V.SUJATHA