G. Sridhar Gopala Krishna Vs The Government of Andhra Pradesh

G. SRIDHAR GOPALA KRISHNA, S/O G. RAMA MOHAN RAO, AGED ABOUT 46 YEARS, ENGINEER AND CLASS I CONTRACTOR, R/O D.N0.59A-21-7/1A, FLAT NO.203, VENKAT MEADOWS, R.R. GARDENS, PATAMATA, VIJAYAWADA - 520 007, KRISHNA DISTRICT.

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...PETITIONER

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AND

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THE GOVERNMENT OF ANDHRA PRADESH, WATER RESOURCES DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY.

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THE GOVERNMENT OF ANDHRA PRADESH, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY.

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THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, GUNTUR DISTRICT. .

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THE SUPERINTENDING ENGINEER, 5IRRIGATION CIRCLE (MAJOR IRRIGATION), WATER RESOURCES DEPARTMENT, GUNTUR DISTRICT.

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THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, REPALIE, GUNTUR 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, declaring the action of the Respondents herein in not making payment of Final Bill pertaining to Agreement No.12/2022-23, dated 02.07.2022, for a final bill amount of Rs.21,38,795/-, vide DR No:21/2022-23, dated 02.07.2022, 2) Agreement No.11/2022-23, dated 02.07.2022, for a final bill amount of Rs.15,98,626/-, vide DR No:20/2022-23, dated 02.07.2022, 3) Agreement No.10/2022-23, dated 02.07.2022, for a final bill amount of Rs.25,67,173/-, vide DR No:19/2022-23, dated 02.07.2022, 4) Agreement No.9/2022-23, dated 02.07.2022, for a final bill amount of Rs.21,74,779/-, vide DR No:18/2022-23, dated 02.07.2022, 5) Agreement No.13/2022-23, dated 02.07.2022, for a final bill amount of Rs.30,05,159/-, vide DR No: 22/2022-23, dated 02.07.2022, 6) Agreement No.9SE/2022-23, dated 07.07.2022, for a final bill amount of Rs.38,49,886/- and all the agreements are executed between the Petitioner and 6^th Respondent herein basing upon the Contract Final Bill issued in that regard, as illegal, arbitrary and violative of Article 14 and 19(l)(g) of the Constitution of India and consequently, direct the Respondents herein to make payment of the final bill to the Petitioner in respect of the above said agreements forthwith, in accordance with Sections 15 and 16 of the MSME Act, 2006.

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Counsel for the Petitioner:

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1.VENKAT CHALASANI

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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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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 declaring the action of the Respondents herein in not making payment of Final Bill pertaining to Agreement No.12/2022-23, dated 02.07.2022, for a final bill amount of Rs.21,38,795/-, vide DR No:21/2022-23, dated 02.07.2022, 2) Agreement No.11/2022-23, dated 02.07.2022, for a final bill amount of Rs.15,98,626/-, vide DR No:20/2022-23, dated 02.07.2022, 3) Agreement No.10/2022-23, dated 02.07.2022, for a final bill amount of Rs.25,67,173/-, vide DR No:19/2022-23, dated 02.07.2022, 4) Agreement No.9/2022-23, dated 02.07.2022, for a final bill amount of Rs.21,74,779/-, vide DR No:18/202223, dated 02.07.2022, 5) Agreement No.13/2022-23, dated 02.07.2022, for a final bill amount of Rs.30,05,159/-, vide DR No: 22/2022-23, dated 02.07.2022, 6) Agreement No.9SE/2022-23, dated 07.07.2022, for a final bill amount of Rs.38,49,886/- and all the agreements are executed between the Petitioner and 6^th Respondent herein basing upon the Contract Final Bill issued in that regard, as illegal, arbitrary and violative of Article 14 and 19(l)(g) of the Constitution of India and consequently, direct the Respondents herein to make payment of the final bill to the Petitioner in respect of the above said agreements forthwith, in accordance with Sections 15 and 16 of the MSME Act, 2006.”

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The petitioner had been awarded contract of six works as per agreement Nos.12/2022-23, dated 02.07.2022, 11/2022-23, dated 02.07.2022, 10/2022-23, dated 02.07.2022, 9/2022-23, dated 02.07.2022, 13/2022-23, dated 02.07.2022 and 9SE/2022-23, dated 07.07.2022 by the 6^th respondent. After execution of the aforementioned contract works, the respondents issued Quality Control Certificate i.e., dated 18.05.2024 for a

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sum of Rs.13,38,345/-, dated 12.06.2024 for a sum of Rs.15,76,557/-, dated 12.06.2024 for a sum of Rs.24,62,646/-, dated 22.10.2024 for a sum of Rs.12,95,712/- and dated 18.05.2024 for a sum of Rs.29,01,267/-. 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 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 is dated 18.05.2024 for a sum of Rs.13,38,345/-, dated 12.06.2024 for a sum of Rs.15,76,557/-, dated 12.06.2024 for a sum of Rs.24,62,646/-, dated 22.10.2024 for a sum of Rs.12,95,712/- and dated 18.05.2024 for a sum of Rs.29,01,267/-. 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 bill amounts 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 certificate, dated 18.05.2024 for a sum of Rs.13,38,345/-, dated 12.06.2024 for a sum of Rs.15,76,557/-, dated 12.06.2024 for a sum of Rs.24,62,646/-, dated 22.10.2024 for a sum of Rs.12,95,712/- and dated 18.05.2024 for a sum of Rs.29,01,267/-, issued by the respondents, within a period of six (6) 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: 06.10.2025 ARB

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HON’BLE SMT JUSTICE V.SUJATHA

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Writ Petition No.4996 of 2024