O SRIKANTHA REDDY CONSTRUCTIONS v. THE STATE OF AP

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 pay an amount of Rs.45,49,414/- due to the petitioner, pending disposal of this writ petition and pass Counsel for the Petitioner:

1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S):

1. GP FOR IRRI AND CAD

2. GP FOR FINANCE PLANNING The Court made the following: 4 VS, J W.P.No.33612 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue Writ or Order or a direction, more in the form of writ of mandamus, declaring the action of the respondents in not paying the admitted net amounts of Rs.45,49,414/- (Rupees Forty Five Lakhs Forty nine Thousand Four Hundred Fourtten) for the works i.e., Providing CC Walls to the existing channel of Chemullapalli Tank Sluice 1 86 2 Chamullapalli Village in Khajipeta Mandal in YSR Kadapa District through Agt.No.319/2023-24, dated

05.07.2023 to an amount of Rs.8,69,550/- (2) Providing CC Walls in place of existing damaged linking portion of Chemulapalli Tank offtake Sluice at km 19.106 and Kothanelluru sluice at km 21.503 of Kondapeta Canal in Khajipeta Mandal of YSR Kadapa District through Agt.No.320/2023-24, dated 05.07.2023 to an amount of Rs. 10,62,073/- (3) Providing Culvert across Kondapeta Canal at KM 22.450 near Chennamukkapalli Village in Khajipeta Mandal of Kadapa District through Agt.No.322/2023-24, dated 05,07.2023 to an amount of Rs.7,95,759/- and (4) Strengthening of inspection track from 2.50km to 5.00 km along the No-2 distributory of Kondapeta Channel in Khajipeta Mandal of YSR District through Agt.No.323/2023-24, dated 05.07.2023 to an amount of Rs. 18,22,032/- as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Art 14, 19 and 21 of the Constitution of India and consequently direct the respondents to make the payment of an amount of Rs.45,49,414/- forthwith along with an interest of 24 percent p.a…... ”

2. The petitioner had been awarded the contract of four works as per the agreements, dated 05.07.2023 by the respondents. After execution of the aforementioned contract works, the respondents issued four quality control 5 VS, J W.P.No.33612 of 2025 certificates, dated 11.12.2023 for a sum of Rs.16,54,540/-, dated 11.12.2023 for a sum of Rs.9,58,738/-, dated 11.12.2023 for a sum of Rs.7,58,335/-, dated

11.12.2023 for a sum of Rs.7,83,042/-. 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.

3. 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- payment of money is clearly arbitrary and high-handed requiring 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.

5. On the other hand, learned Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per four quality control certificates, dated 11.12.2023 for a sum of Rs.16,54,540/-, dated 11.12.2023 for a sum of Rs.9,58,738/-, dated 11.12.2023 for a sum of Rs.7,58,335/-, dated 11.12.2023 for a sum of Rs.7,83,042/-. 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. 6 VS, J W.P.No.33612 of 2025

6. 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.

7. 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 respondent Nos.2 to 8 to release the amounts to the petitioner in accordance with four quality control certificates, dated 11.12.2023 for a sum of Rs.16,54,540/-, dated 11.12.2023 for a sum of Rs.9,58,738/-, dated

11.12.2023 for a sum of Rs.7,58,335/-, dated 11.12.2023 for a sum of Rs.7,83,042/- issued by the respondents, within a period of four (4) months from the date of receipt of a copy of this order. 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. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. Date: 05.01.2026 KGR ______________________ JUSTICE V.SUJATHA