Katragadda Siva Rama Krishna Vs the State of Andhra Pradesh

KATRAGADDA SIVA RAMA KRISHNA, S/O. KATRAGADDA SAMBASIVA RAO, AGE 50 YEARS, CIVIL CONTRACTOR, PLOT.NO. 11-11-18, VIJAYA SAI RESIDENCY CHENCHU PETA, TENALI, GUNTUR DIST.

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SMT. D. NAGAMANI, ( PRESIDENT AYACUTDAR COMMITTEE) W/O.D.SRINIVASA RAO, R/O. D.NO.9152/2, NEAR POLICE STATION, MAIN ROAD, BHATTIPROLU V AND M, BAPATIA DIST - 522 256.

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...PETITIONER(S)

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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 PRINCIPLE SECRTARY, FINANCE AND PLANNING DEPARTMENT, THE GOVERNMENT OF ANDHRA PRADESH SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST.

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VS,J W.P.NO.32803 OF 2025

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

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THE DISTRICT COLLECTOR, BAPATLA DISTRICT AT REPALLE.,

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THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, GUNTUR, GUNTUR DISTRICT.

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THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, REPALLE, BAPATLA 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 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 by the Petitioners works under 1). Agreement No.08 of 2023- 24, dt.2106-2023, 2). Agreement No.33 of 2024-25, dt.31-07-2024, 3). Agreement No.65 of 2023-24, dt.08-09-2023, 4). Agreement No.68 of 2023-24, dt.08-09-2023. Total works amount of Rs.12,51,645/- to the petitioner with 6PERCENT 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 6 PERCENT interest and to pass

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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 pleased to direct the respondents to release the amount of Rs.12,51,645/- towards payment of above final bills for the contract works under taken by

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W.P.NO.32803 OF 2025

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(S):

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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 IRRI AND CAD

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 32803/2025

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ORDER:-

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This writ petition is 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 Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for execution of works by the Petitioners works under 1). Agreement No.08 of 2023-24, dt.21-06-2023, 2). Agreement No.33 of 2024-25, dt.31-07-2024, 3).Agreement No.65 of 2023-24, dt.08-09-2023, 4).Agreement No.68 of 2023-24, dt.08-09-2023. Total works amount of Rs.12,51,645/to the petitioner with 6PERCENT 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..”

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2. The petitioner had been awarded the contract of work(s) by

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the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate dated 02.08.2024 to a tune of Rs.2,91,180/-, quality control certificate dated 27.10.2025 to a tune of Rs.2,80,305/-, quality control certificate dated 14.08.2024 to a tune of Rs.3,09,056/- and quality control certificate dated 29.03.2024 to a tune of Rs.3,71,104/-. As the payment of the said amounts has not been

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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 money, 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.

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On the other hand, learned Government Pleader on oral instructions stated 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, however, admitted the amount payable to the petitioner as per the quality control certificate 02.08.2024 to a tune of Rs.2,91,180/-, quality control certificate dated 27.10.2025 to a tune of Rs.2,80,305/-, quality control

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certificate dated 14.08.2024 to a tune of Rs.3,09,056/- and quality control certificate dated 29.03.2024 to a tune of Rs.3,71,104/-.

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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 amount to the petitioner in accordance with the quality control certificates dated 02.08.2024, 27.10.2025,

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14.08.2024 and 29.03.2024 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. No costs.

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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.

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