Andhra Pradesh High Court - Amravati
U Jaya Subba Reddy vs The State Of Andhra Pradesh on 23 September, 2025
APHC010500132024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3333]
(Special Original Jurisdiction)
TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 26073/2024
Between:
1. U JAYA SUBBA REDDY, S/O,CHINNA SUBBA REDDY,AGE 64
YEARS, R/O.H.NO.1/27,RAJUVARIPETA,CHAPADU MANDAL,
Y.S.R.KADAPA DISTRICT,ANDHRA PRADESH.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY, WATER RESOURCES DEPARTMENT,
A.P.SECRETAIRAT, VELAGAPUDI, AMARAVATI, GUNTUR
DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY FINANCE DEPARTMENT, A.P.SECRETARIAT
VELAGAPUDI, AMARAVATI,GUNTUR DISTRICT.A.P
3. THE SUPERINTENDING ENGINEER, WATER RESOURCES
DEPARTMENT, K.C.CANAL,KURNOOL DISTRICT, ANDHRA
PRADESH.
4. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT
K.C.CANAL,KURNOOL DISTRICT, ANDHRA PRADESH.
5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT,
K.C.CANAL DIVISION, NANDYAL, NANDYAL DISTRICT, AP.
6. THE DEPUTY EXECUTIVE ENGINEER, KC CANAL (SPL)
SUB.DIVISION, MYDUKUR, YSR KADAPA DISTRICT, AP.
2
VS,J
W.P.No.26073 of 2024
7. THE PAY AND ACCOUNTS OFFICER, NANDYAL, NANDYAL
DISTRICT, AP.
...RESPONDENT(S):
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 a writ of mandamus declaring the action of the Respondents in not paying
an amount of Rs.28,32,011-87 Ps. To the petitioner In respect of the works
relating to 1)Providing CC Walls to the existing L/s sluice channel @km
36.400 of chapadu cannel near Thimmayapalli(V) of Chapadu(M) of
Y.S.R.Kadapa District 2)Providing CC Walls to the existing Ayyagarigottam
sluice channel of No.6 Distributory of chapadu cannel near Thalamopuram(V)
of Chapadu(M) of Y.S.R.Kadapa District and 3)Providing CC Walls to the
existing sluice channel @km 33.970 L/s sluice cannel of chapadu cannel near
Sethampalli(V) of Chapadu(M) of Y.S.R.Kadapa District, vide Agreement
Nos.1)399/2023-24 date 25-07-2023 2)Agreement No.409/2023-24 date 02-
08-2023 and 3)Agreement No.410/2023-24 date 02-08-2023 K.C.Canal
Works as illegal and arbitrary and consequently direct the respondents to pay
the amount of Rs.28,32,011- 87 Ps. to the petitioner for the above works
along with interest and pass
IA NO: 1 OF 2024
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 the amount of Rs.28,32,011-87 Ps.
to the petitioner forthwith for the works relating to 1)Providing CC Walls to the
existing L/s sluice channel @km 36.400 of chapadu cannel near
ThimmayapaHi(V) of Chapadu(M) of Y.S.R.Kadapa District 2)Providing CC
Walls to the existing Ayyagarigottam sluice channel of No.6 Distributory of
chapadu cannel near Thalamopuram(V) of Chapadu(M) of Y.S.R.Kadapa
District and 3)Providing CC Walls to the existing sluice channel @km 33.970
L/s sluice cannel of chapadu cannel near Sethampalli(V) of Chapadu(M) of
Y.S.R.Kadapa District, vide Agreement Nos. 1)399/2023-24 date;25-07-2023
2)Agreement No.409/ 2023-24 date:02-08-2023 and 3)Agreement
No.410/2023-24 date:02-08-2023 K.C.Canal Works pending disposal of the
above writ petition and pass
Counsel for the Petitioner:
3
VS,J
W.P.No.26073 of 2024
1. D KODANDARAMI REDDY
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.26073 of 2024
ORDER:
The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
"...to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the Respondents in not releasing the amount of Rs.28,32,011-87 Ps. to the petitioner in respect of the works relating to 1)Providing CC Walls to the existing L/s sluice channel @km 36.400 of chapadu cannel near Thimmayapalli(V) of Chapadu(M) of Y.S.R.Kadapa District 2)Providing CC Walls to the existing Ayyagarigottam sluice channel of No.6 Distributory of chapadu cannel near Thalamopuram(V) of Chapadu(M) of Y.S.R.Kadapa District and 3)Providing CC Walls to the existing sluice channel @km 33.970 L/s sluice cannel of chapadu cannel near Sethampalli(V) of Chapadu(M) of Y.S.R.Kadapa District, vide Agreement Nos.1)399/2023-24 date 25.07.2023 2)Agreement No.409/2023-24 dated 02.08.2023 and
3)Agreement No.410/2023-24 dated 02.08.2023 K.C.Canal Works as illegal and arbitrary and consequently direct the respondents to pay the amount of Rs.28,32,011-87 ps. to the petitioner for the above works along with interest ...."
2. The petitioner had been awarded the contract of works i.e., 1)Providing CC Walls to the existing L/s sluice channel @km 36.400 of chapadu cannel near Thimmayapalli(V) of Chapadu(M) of Y.S.R.Kadapa District 2)Providing CC Walls to the existing Ayyagarigottam sluice channel of No.6 Distributory of chapadu cannel near Thalamopuram(V) of Chapadu(M) of Y.S.R.Kadapa District and 3)Providing CC Walls to the existing sluice channel @km 33.970 L/s sluice cannel of chapadu cannel near Sethampalli(V) of Chapadu(M) of Y.S.R.Kadapa District, vide Agreement Nos.1)399/2023-24 date 25.07.2023
2)Agreement No.409/2023-24 dated 02.08.2023 and 3)Agreement 5 VS,J W.P.No.26073 of 2024 No.410/2023-24 dated 02.08.2023 by the respondents. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 05.08.2023, for a sum of Rs.8,56,005.62/-, and two quality control certificates 28.08.2023 for a sum of Rs.8,61,163.68/- and Rs.8,61,761.07/- respectively. 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.
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 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.
5. 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 certificate dated 05.08.2023, for a sum of Rs.8,56,005.62/-, and two quality control certificates 28.08.2023 for a sum of Rs.8,61,163.68/- and Rs.8,61,761.07/- respectively. He further submits that since the budget was not released by the Government, the bills were not paid to the petitioner. 6
VS,J W.P.No.26073 of 2024 Soon after release of the budget by the Government, the bills will be paid to the petitioner.
6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificate 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 respondents to release the amount to the petitioner in accordance with the quality control certificate dated 05.08.2023, for a sum of Rs.8,56,005.62/-, and two quality control certificates 28.08.2023 for a sum of Rs.8,61,163.68/- and Rs.8,61,761.07/- respectively, issued by the respondents, within a period of three (3) 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.
______________________ JUSTICE V.SUJATHA Date: 23.09.2025 KGR