Sri Vsr Constructions Vs the State of Andhra Pradesh

SRI VSR CONSTRU C TIONS, D.NO. 29/178-32-D2-2, SBI COLONY, NANDYAL, NANDYA L DISTRICT. REP.BY ITS MANAGING P ARTNER VANGALA SATYANA R AYANA REDDY, S/O. V.C. MADDILE T I REDDY.

¶11

VANGALA SATYANARAYANA REDDY,, S/O. V.C. M ADDILETI REDDY, AGED 63 Y EARS, OCC. CONTRACTOR, R/O. P LOT NO. 315, ROYAL HOME S , OPP. SRBC ROAD, NANDYAL, NANDYAL DISTRICT.

¶12

...PETITIONER(S)

¶13

AND

¶14

THE STATE OF ANDHRA PRADESH, REPRESENTE D BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (IRRIGA T ION AND CAD) DEPARTMEN T , SECRETARIAT BUILDINGS, VEL A GAPUDI, THUIIUR MANDAL, AMARAVATI, GUNTUR DISTRICT.

¶15

STATE OF ANDHRA PRADESH, REPRESENTED BY ITS P RINCIPAL SECRETARY FI N ANCE DEPARTMENT, SEC R ETARIAT, VELAGAPUDI, AMA R AVATI, THUIIUR MANDAL, GUNTUR D ISTRICT.

¶16

STATE PROJECT D IRECTOR, APIIATP, O/O. COMMI S SIONER, CADA, 3RD FLOOR, VYSYA BHAVAN, VIJAYAWADA.

¶17

THE CHIEF ENGINE E R, MINOR IRRIGATION, WATER RE S OURCES DEPARTMENT, 2ND FLOOR, VYSHA BHAVAN, VIJAYAW A DA.

¶18

SUPERINTENDING ENGINEER, WRD, IRRIGATION CIRCLE,

¶19

2

¶20

VS,J W.P.No.26182 of 2024

¶21

ANANTHAPURAMU, ANANTHAPURAMU DISTRICT.

¶22

EXECUTIVE ENGINEER, IB DIVISION, PENUKONDA, WATER RESOURCES DEPARTMENT, PENUKONDA, ANANATHAPURAMU DISTRICT.

¶23

DEPUTY EXECUTIVE ENGINEER, IB SUB-DIVISION, HINDUPUR, WATER RESOURCES DEPARTMENT, ANANATHAPURAMU DISTRICT.

¶24

...RESPONDENT(S):

¶25

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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not implementing the1st Respondents Circular vide U.O.Note.No. (2569644) FMU0MISC/428/2024-FMU-TR-B, dated 27-09-2024 and Letter of 3rd Respondent vide Lr.No. Com/CAD/APIIATP/ DEE-T/Technical, dated 07-07-2023 and not closing/cancelling the Contract works/Agreement, not finalizing bills towards execution of part works for the works executed by the Petitioners including release of deposits i.e., i) Rehabilitation of Chalivendala Agraharam tank Cascade No. 10 in Chalivendula Village in Hindupur Mandal in Ananthapuramu District through the Agreement No. 226/2018-19, dated 0803-2019, ii) Rehabilitation of Rachipalli tank (Independent) in Rachipalli Village in Hindupur Mandal in Ananthapuramu District through the Agreement No. 228/2018-19, dated 08-07-2017, iii) Rehabilitation of SirivaramManepalli tank (Independent) in Sirivaram Village in Lepakshi Mandal in Ananthapuramu District through the Agreement No. 223/2018-19, dated 0803-2019, iv) Rehabilitation of Kagallu M.I. Tank Cascade No. 04 in Kagallu Village in Hindupur Mandal in Ananthapuramu District through the Agreement No. 225/2018-19, dated 08-03-2019 and v) Rehabilitation of Beerepalli tank Cascade No. 8 in Beerepalli Village in Hindupur Mandal in Ananthapuramu District through the Agreement No. 224/2018-19, dated 08-03-2019 as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to close/cancel the Petitioners contract works by implementing the Circular vide U.O.Note.No. (2569644) FMU0MISC/428/2024-FMU-TR-B, dated 27-09-2024 issued by the 1st Respondent Letter of 3rd Respondent vide Lr.No.Com/CAD/APIIATP/ DEET/Technical, dated 07-07-2023 and pass

¶26

3

¶27

VS,J W.P.No.26182 of 2024

¶28

IA NO: 1 OF 2024

¶29

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 may be pleased to direct respondents to consider the Petitioners request of closing/cancellation of contract works of the Petitioners i.e., i) Rehabilitation of Chalivendala Agraharam tank Cascade No. 10 in Chalivendula Village in Hindupur Mandal in Ananthapuramu District through the Agreement No. 226/2018-19, dated 08-03- 2019, ii) Rehabilitation of Rachipalli tank (Independent) in Rachipalli Village in Hindupur Mandal in Ananthapuramu District through the Agreement No. 228/2018-19, dated 08-07-2017, iii) Rehabilitation of Sirivaram Manepalli tank (Independent) in Sirivaram Village in Lepakshi Mandal in Ananthapuramu District through the Agreement No. 223/2018-19, dated 08-03-2019, iv) Rehabilitation of Kagallu M.I. Tank Cascade No. 04 in Kagallu Village in Hindupur Mandal in Ananthapuramu District through the Agreement No. 225/2018-19, dated 08-03-2019 and v)Rehabilitation of Beerepalli tank Cascade No. 8 in Beerepalli Village in Hindupur Mandal in Ananthapuramu District through the Agreement No. 224/2018-19, dated 08-03-2019basing on the Circular vide U.O.Note.No. (2569644) FMU0MISC/428/2024-FMU- TR-B, dated 27-09-2024 issued by the l^t Respondent and Letter of 3rd Respondent vide Lr.No. Com/CAD/APIIATP/ DEE-T/Technical, dated 07-07-2023, pending disposal of the main Writ Petition and pass

¶30

Counsel for the Petitioner(S):

¶31

1.RAMBABU KOPPINEEDI

¶32

Counsel for the Respondent(S):

¶33

1.GP FOR IRRI AND CAD

¶34

2.GP FOR FINANCE PLANNING

¶35

The Court made the following:

¶36

4

¶37

VS,J W.P.No.26182 of 2024

¶38

ORDER:

¶39

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

¶40

“…may be pleased to issue a Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not implementing the1st Respondents Circular vide U O Note No.2569644 FMU0MISC/428/2024FMUTRB dated 27092024 and Letter of 3rd Respondent vide Lr No Com/CAD/APIIATP/ DEE T/Technical dated 07072023 and not closing/cancelling the Contract works/Agreement not finalizing bills towards execution of part works for the works executed by the Petitioners including release of deposits i e i Rehabilitation of Chalivendala Agraharam tank Cascade No 10 in Chalivendula Village in Hindupur Mandal in Ananthapuramu District through the Agreement No 226/201819 dated 08032019 ii Rehabilitation of Rachipalli tank Independent in Rachipalli Village in Hindupur Mandal in Ananthapuramu District through the Agreement No 228/201819 dated 08072017 iii Rehabilitation of SirivaramManepalli tank Independent in Sirivaram Village in Lepakshi Mandal in Ananthapuramu District through the Agreement No 223/201819 dated 08032019 iv Rehabilitation of Kagallu M I Tank Cascade No 04 in Kagallu Village in Hindupur Mandal in Ananthapuramu District through the Agreement No 225/201819 dated 08032019 and v Rehabilitation of Beerepalli tank Cascade No 8 in Beerepalli Village in Hindupur Mandal in Ananthapuramu District through the Agreement No 224/201819 dated 08032019 as illegal arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to close/cancel the Petitioners contract works by implementing the Circular vide U O Note No 2569644 FMU0MISC/428/2024FMUTRB dated 27092024 issued by the 1st

¶41

5

¶42

VS,J W.P.No.26182 of 2024

¶43

Respondent Letter of 3rd Respondent vide Lr No Com/CAD/APIIATP/ DEET/Technical dated 07072023 and pass…”

¶44

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

¶45

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.

¶46

Today when the matter came up for hearing, the learned Assistant Government Pleader placed on record the instructions given to the Executive Engineer, I.B.Division, Penukonda dated 10.11.2025 where in it is said that the petitioner filed the present writ petition for closing of works and payments

¶47

of bills. The details of the bill status is mentioned as under:-

¶48

S. No.	Name of work	Agt.No.	Status of Bill
1	Rehabilitation of Beerepalli tank cascade No.8 in Beerepalli village in Hindupur Mandal in Anantapuram District	SE.s Agt.No.224 SEA/2018-19, Dated 08-03-19	The final bill is prepared and the bill is in process, under Nidhi portal.
2	Rehabilitation of Kaggallu MI tank cascade No.4 in Kaggallu village in Hindupur Mandal in Anantapuramu District.	SE.s Agt.No.22SSEA/ 2018-19, Dated 08-03-2019	Final bill submitted and bill is in process vide PAO token No. 9179716-2025.
3	Rehabilitation of Chalivenkula Agraharam tank cascade No.10 in Chalivendula village in Hindupur mandal in Anantapuramu District.	S.E.s Agt.No.226SEA/ 2018-19, dated 08.03.2019	Works is cancelled and B.G is released

¶49

6

¶50

VS,J W.P.No.26182 of 2024

¶51

4	Rehabilitation of Rachapalli tank (Independent) in Rachapalli village in Hindupur Mandal in AnantapuramuDistrict	S.E.s Agt.No.228SEA/2018- 19,Dated 08-03-19.	Work is cancelled and submitted for release of E.M.D.
5	Rehabilitation of Srivaram Manpalli tank (Independent) in Srivaram village in Lepakshi Mandal in Anantapuramu District	S.E.s Agt.No.223SEA / 18-19, Dated 08.03.2019	The final bill is pprepared and the bill is in process, under Nidhi portal.

¶52

In view of the fact that the work is cancelled and submitted for release

¶53

of E.M.D and final bill is already prepared and the bill is in process under Nidhi Portal, after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents for payment of the bill amounts within three (03) months from the date of receipt of the copy of this order. No costs.

¶54

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.

¶55

Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

¶56

_____________________ JUSTICE V.SUJATHA

11.11.2025 GRL

7

VS,J

W.P.No.26182 of 2024

¶61

260

¶62

THE HONOURABLE SMT JUSTICE V.SUJATHA

¶63

WRIT PETITION NO: 26182/2024

11.11.2025

GRL

8

VS,J W.P.No.26182 of 2024

¶68

The petitioner in relation to the i.e., “O & M” to removal of weed growth in Lavala Medium drain and New Kalidindi Mandal had been awarded the contract of works as per the agreement No.18,19,20,21,22 / 2023-24, dated 21.07.2023 by the Irrigation Department. After execution of the aforementioned contract works, the respondents issued quality control certificates i.e., dated 04.03.2025 for a sum of Rs.4,99,281/-, Rs.7,66,107/- and dated 27.03.2025 for a sum of Rs.3,10,456/-. 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.

¶69

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.

¶70

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

¶71

9

¶72

VS,J W.P.No.26182 of 2024

¶73

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.

¶74

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 i.e., dated 29.04.2024 for a sum of Rs.4,99,281/-, Rs.7,66,107/- and dated 27.03.2025 for a sum of Rs.3,10,456/-. 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.

¶75

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.

¶76

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 i.e., dated 29.04.2024 for a sum of Rs.4,99,281/-, Rs.7,66,107/- and dated 27.03.2025 for a sum of Rs.3,10,456/- issued by the respondents, within a period of three (3) months from the date of receipt of a copy of this order.

¶77

As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any

¶78

10

¶79

VS,J W.P.No.26182 of 2024

¶80

amount which is due and payable, the same is binding upon both the parties.

¶81

There shall be no order as to costs.

¶82

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