M/s.Swathi Engineering Company, Vs The State of Andhra Pradesh

M/S.SWATHI ENGINEERING COMPANY,, REP BY ITS SOLE PROPRIETOR CH. ANJANEYULU, S/O. DURGA RAO, AGED 63 YEARS, OCC CONTRACTOR, DOOR NO. 14-1-8, MACHA NARASIMHASTREET, HANUMAPET (V),VIJAYAWADA, NTR DIST.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT,SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DIST.,

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DIST.,

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THE ENGINEER IN CHIEF, CADA COMMISSIONER, HANUMANPET VIJAYAWADA, NTR DIST.,

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THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, AMARAVATHI, GUNTUR DIST.,

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THE DISTRICT COLLECTOR, VIJAYAWADA, KRISHNA DISTRICT. 6. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DIST.

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THE EXECUTIVE ENGINEER, KRISHNA EASTERN DIVISION,

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VS,J W.P.No.11589 of 2024

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VIJAYAWADA KRISHNA DIST.

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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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for execution of works vide 1). Agreement No. 04/2022-23, dtd. 16-06- 2022, 2). Agreement No. 05/2022-23, dtd. 16-06-2022,3). Agreement No. 97/2022-23, dtd.05-012023, 4). Agreement No. 98/2022-23, dtd.05-01-2023, Total four work's amount of Rs.86,40,098/- to the petitioner with 24percent interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(i)(g).21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6percent interest as per orders in W.A 724 of 2021 and batch Dt. 12-20-2023 and to pass

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IA NO: 1 OF 2024

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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 to release the amount of Rs.86,40,098/towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.K L N SWAMY

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Counsel for the Respondent(S):

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1.GP FOR FINANCE PLANNING

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2.GP FOR IRRIGATION COMM AREA DEV

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The Court made the following:

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VS,J W.P.No.11589 of 2024

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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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of works vide 1). Agreement No. 04/2022-23, dtd. 16-06-2022, 2). Agreement No. 05/2022-23, dtd. 16-06-2022,3). Agreement No. 97/202223, dtd.05-01-2023, 4). Agreement No. 98/2022-23, dtd.05-01-2023, Total four work's amount of Rs.86,40,098/- to the petitioner with 24% interest till today from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(i)(g).21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6% interest as per orders in W.A 724 of 2021 and batch Dt. 12-20-2023 ….”

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The petitioner had been awarded the contract of ten works as per the agreements dated 16.06.2022 and 05.01.2023 by the 6^th respondent. After execution of the aforementioned contract works, the respondents issued quality control certificates i.e., dated 09.05.2023 for a sum of Rs.29,00,275/-, dated 09.05.2023 for a sum of Rs.19,20,291/-, dated 23.09.2023 for a sum of Rs.8,96,596/- and dated 18.10.2023 for a sum of Rs.15,14,391/-. 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.

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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 non-

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VS,J W.P.No.11589 of 2024

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payment 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 09.05.2023 for a sum of Rs.29,00,275/-, dated 09.05.2023 for a sum of Rs.19,20,291/-, dated 23.09.2023 for a sum of Rs.8,96,596/- and dated 18.10.2023 for a sum of Rs.15,14,391/-. 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 direction to the respondents to release the amounts to the petitioner in accordance with the quality control certificates dated 09.05.2023 for a sum of Rs.29,00,275/-, dated 09.05.2023 for a sum of Rs.19,20,291/-, dated

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VS,J W.P.No.11589 of 2024

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23.09.2023 for a sum of Rs.8,96,596/- and dated 18.10.2023 for a sum of Rs.15,14,391/-, issued by the respondents, within a period of five (5) 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 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: 08.09.2025 KGR

M/s.Swathi Engineering Company, v. The State of Andhra Pradesh

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M/s.Swathi Engineering Company, v. The State of Andhra Pradesh

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