Disposed¶54

M/S Pvr Structures India Private Limited, v. The State of Andhra Pradesh

Andhra Pradesh HC9 Dec 2025WP/1809/2025

Case brief

AI extract

What is this about?

W.P.No.1809 of 2025 (APHC); PVR Structures India Pvt Ltd v State of AP (Irrigation & CAD); mandamus for release of final bills Rs.1,53,00,000/- under agreements dated 07.07.2021 and 29.01.2022; quality control certificate 25.06.2025 for Rs.81,71,691/-; six-month payment direction; interest only per subsisting agreement clause; non-payment of contractor dues held arbitrary per W.P.No.10038 of 2021 line of cases; Article 226; Articles 14, 16, 21; Section 151 CPC; disposed with no costs.

What did the court decide?

Direction to respondents to release Rs.81,71,691/- per quality control certificate dated 25.06.2025 within six months from receipt of copy of the order; interest payable only per any subsisting agreement/work-order clause; no order as to costs; pending miscellaneous petitions closed. ¶54

M/S Pvr Structures India Private Limited, Vs… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents' non-payment of the final bills (claimed at Rs.1,53,00,000/-) for completed works, despite admitting entitlement through the quality control certificate dated 25.06.2025 for Rs.81,71,691/-, is arbitrary and warrants a writ of mandamus directing release of payment. +1 more

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Court's answer

The 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 25.06.2025 for Rs.81,71,691/-, within six (06) months from receipt of a copy of the order.

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Ratio / Principle

On interest: if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any amount due and payable, the same is binding upon both the parties; there shall be no order as to costs.

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Detailed headnote1 paragraphs

Writ petition under Article 226 by M/s PVR Structures India Private Limited seeking mandamus against the State of Andhra Pradesh and irrigation authorities for non-release of final bills totalling Rs.1,53,00,000/- under three works agreements dated 07.07.2021 and 29.01.2022 (weed removal from Kakinada, Coringa and Injaram Canals; formation of cross bunds in Drainage Sections Nos. 1 and 2, Ramachandrapuram). After execution, the respondents issued a quality control certificate dated 25.06.2025 admitting Rs.81,71,691/- but did not pay, citing non-release of budget. Following this Court's earlier view in W.P.No.10038 of 2021 and batch (dated 05.10.2021) that non-payment of dues is arbitrary, and with counsel for the petitioner conceding disposal on the certificate amount, the Court disposed of the petition directing release of Rs.81,71,691/- within six months; interest is payable only if a subsisting agreement/work-order clause so provides; no order as to costs.

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APHC010033792025

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[3333]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1809/2025

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Between:

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M/S PVR STRUCTURES INDIA PRIVATE LIMITED,, MANAGING DIRECTOR P.SRIHARSHA, S/O. VEERAJU AGED ABOUT 32 YEARS, D.NO. 18-3-8, BOKKAVARI STREET,MANDAPETA, EAST GODAVARI DISTRICT-533308.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, (IRRIGATION WING) KONASEEMA, EAST GODAVARI DISTRICT.

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THE DISTRICT COLLECTOR, , (IRRIGATION WING) KAKINADA, EAST GODAVARI DISTRICT.

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THE ENGINEER INCHIEF, , MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT.

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THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF

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VS, J W.P.No.1809 of 2025

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ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT.

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THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, DOWLAISWARAM,EAST GODAVARI DISTRICT.

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THE EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, DRINAGE DIVISION, KAKINADA, EAST GODAVARI DISTRICT.

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THE EXECUTIVE ENGINEER, IRRIGATION AND WATER, RESOURCES DEPARTMENT, GODAVARI EASTERN DIVISION RAMCHANDRAPURAM, KONASEMA 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final total bills amount worth of Rs.1,53,00,000/- 1) Rs. 1,50,00,000/- vide its Agreement No. 10 DC/2021-22 dated 07.07.2021, for which the name of work was Annual Maintenance of Removal of Weed growth from Kakinada Canal, Coringa Canal and Injaram Canal including Distributaries System during Khariff and Rabi Seasons 202122, under Godavari Eastern Division, in G.E. Delta , 2) Rs. 2,00,000/- vide its Agreement No. 36/21-22 dated 29.01.2022 in M. Book No. 2326 A, for which the name of work was Formation of Cross Bunds on Medium and Minor Drains in Drainage Section No. 2 Ramachandrapuram in G.E Delta and 3) Rs, 1,00,000/- vide its Agreement No. 35/2021-22 dated 29.01.2022 in M. Book No. 2331 A, for which the name of the work was Formation of Cross Bunds on Medium and Minor Drains in Drainage Section No. 1 Ramachandrapuram in G.E Delta for which the total amount was Rs. 1,53,00,000/- with interest of execution of completion of Oand M works under Water Resource/Irrigation and CAD Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Articles 14, 16 and 21 of The Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 1,53,00,000/- for execution of completion of Irrigation

VS, J

W.P.No.1809 of 2025

works under Water Resource Irrigation and CAD Department as per agreement to the petitioner forthwith and to pass such

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IA NO: 1 OF 2025

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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

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Counsel for the Petitioner:

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1.ANNAMNEEDI BALAKRISHNA

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Counsel for the Respondent(S):

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1.GP FOR IRRIGATION COMM AREA DEV

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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VS, J W.P.No.1809 of 2025

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ORDER:

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The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

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<…to to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final total bills amount worth of Rs.1,53,00,000/- 1) Rs. 1,50,00,000/- vide its Agreement No. 10 DC/2021-22 dated 07.07.2021, for which the name of work was Annual Maintenance of Removal of Weed growth from Kakinada Canal, Coringa Canal and Injaram Canal including Distributaries System during Khariff and Rabi Seasons 2021-22, under Godavari Eastern Division, in G.E. Delta , 2) Rs. 2,00,000/- vide its Agreement No. 36/21-22 dated 29.01.2022 in M. Book No. 2326 A, for which the name of work was Formation of Cross Bunds on Medium and Minor Drains in Drainage Section No. 2 Ramachandrapuram in G.E Delta and 3) Rs, 1,00,000/vide its Agreement No. 35/2021-22 dated 29.01.2022 in M. Book No. 2331 A, for which the name of the work was Formation of Cross Bunds on Medium and Minor Drains in Drainage Section No. 1 Ramachandrapuram in G.E Delta for which the total amount was Rs. 1,53,00,000/- with interest of execution of completion of Oand M works under Water Resource/Irrigation and CAD Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Articles 14, 16 and 21 of The Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 1,53,00,000/- for execution of completion of Irrigation works under Water Resource Irrigation and CAD Department as per agreement to the petitioner forthwith and to pass ….=

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The petitioner had been awarded the contract of three works vide agreements dated 07.07.2021 & 29.01.2022 by the respondents. After execution of the aforementioned contract work, the respondents issued

VS, J

W.P.No.1809 of 2025

quality control certificate dated 25.06.2025 for a sum of Rs.81,71,691/-. As the payment of the said amount 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 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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Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate i.e., dated 25.06.2025 for a sum of Rs.81,71,691/-. 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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Though the petitioner claims to be entitled to Rs.1,53,00,000/-, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificate issued by the respondents dated 25.06.2025 for a sum of Rs.81,71,691/-.

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VS, J W.P.No.1809 of 2025

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In view of the facts and circumstances of the case, 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 i.e., 25.06.2025 for a sum of Rs.81,71,691/- issued by the respondents, within a period of six (06) 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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Date: 10.12.2025 KGR

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______________________ JUSTICE V.SUJATHA

M/S Pvr Structures India Private Limited, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/S Pvr Structures India Private Limited, v. The State of Andhra Pradesh

Case brief

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What the court decided

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