Andhra Pradesh High Court - Amravati
Sree Maruthi Constructions vs W.P.No.30993 Of 2025 on 1 December, 2025
APHC010598682025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3333]
(Special Original Jurisdiction)
MONDAY, THE FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 30993/2025
Between:
1. SREE MARUTHI CONSTRUCTIONS, REP BY ITS MANAGING
PARTNER G .V.V.RAKESH, R/O 5-154/1, SANJAY NAGAR COLONY,
LAKSHMIDEVIPALLI, KOTHAGUDEM DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL
SECRETARY, WATER RESOURCES DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL
SECRETARY, FINANCE AND PLANNING DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
3. THE COMMISSIONER AND SPL CHIEF SECRETARY, CADA,
VIJAYAWADA.
4. THE CHIEF ENGINEER, KDS, VIJAYAWADA.
5. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, CHIRALA,
BAPATLA.
6. DEPUTY EXECUTIVE ENGINEER, DRAINAGE DIVISION, CHIRALA,
BAPATLA.
...RESPONDENT(S):
2
VS,J
W.P.No.30993 of 2025
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 declaring the action of the respondents in not paying the
of amount of Rs. Rs.49,10,792/- due from 2 5 .0 4 .2 0 2 5 even after
finalizing the bills, payable to the petitioner after the successful completion of
the execution of work i.e.. i. Removal of Weed Growth in Catch Drain
between karamchedu swarna from Km 0 .0 0 0 to km 5 .4 3 2 , infalling into
catch drain between swarna-Aleru and removal of weed Growth in C.D
running parallel, canal infalling into kappalavagu drain and removal of weed
growth in pulka minor drain infalling into C.D between karamchedu-swarna
affluent in Karamchedu (M ), Bapatla District. Estimated Value Rs.5,14,000/-
vide Agreement N o.24,D n/2024-2025 dated 2 4 .0 7 .2 0 2 4 ii.
Removal of weed growth in kappalavagu infalling from km 0 .0 0 0 to km
8.600 in karamchedu (M ) Bapatla District. Estimated value Rs.9,73,000/-
vide Agreement N o.25,D n/2024-2025 dated 2 4 .0 7 .2 0 2 4 . iii. Removal
of weed growth in swarna affluent drain from km 0 .0 0 0 to km 5.130, in
karamchedu(M) Bapatla District. Estimated value Rs.8,89,000/- vide
Agreement N o.26,D n/2024-2025 dated 2 4 .0 7 .2 0 2 4 . i. Removal of
Weed Growth in Catch Drain between karamchedu swarna from Km 0 .0 0 0
to km 5 .4 3 2 , infalling into catch drain between swarna-Aleru and removal
of weed Growth in C.D running parallel, canal infalling into kappalavagu drain
and removal of weed growth in pulka minor drain infalling into C.D between
karamchedu-swarna affluent in Karamchedu (M ), Bapatla District. Estimated
Value Rs.5,14,000/- vide Agreement N o.24,D n/2024-2025 dated 2 4 .0 7 .2
0 2 4 . ii. Removal of weed growth in kappalavagu infalling from km 0 .0 0 0 to
km 8.600 in karamchedu (M ) Bapatla District. Estimated value Rs.9,73,000/-
vide Agreement N o.25,D n/2024-2025 dated 2 4 .0 7 .2 0 2 4 . iii. Removal of
weed growth in swarna affluent drain from km 0 .0 0 0 to km 5.130, in
karamchedu(M) Bapatla District. Estimated value Rs.8,89,000/- vide
Agreement N o.26,D n/2024-2025 dated 2 4 .0 7 .2 0 2 4 . iv. Removal of
weed growth in Romperu right arm from km 0 .0 0 0 to km 6 .000 in
karamchedu(M), Bapatla District. Estimated value Rs.19,23,000/- vide
Agreement N o .27, Dn/2024-2025 dated 24.0 7 .2 0 2 4. v. Removal of weed
growth and jammu in kappalavagu infalling into parchuru vagu in karamchedu
(M ), apatla district. Estimated value Rs.7,05,000/- vide Agreement N o.28,D
n/2024-2025 dated 2 4 .0 7 .2 0 2 4 . as illegal, arbitrary, unjust,
unreasonable and violative of fundamental rights guaranteed to the Petitioner
under Articles 14 and 21 of the Constitution of India and consequently direct
3
VS,J
W.P.No.30993 of 2025
the respondents to make the payment of Rs.49,10,792/- with accrued interest
to the petitioner in respect of execution of the above said work and to pass
IA NO: 1 OF 2025
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 Rs.49,10,792/- w ith
accrued interest towards the final bill fo r the works which were taken up
under Agreements N o.24, 25, 26, 27, 28 Dn/2024-25 dated 24.07.2024 duly
approved by the respondents forthw ith , pending disposal o f the main w rit
petition and pass
Counsel for the Petitioner:
1. BALAJI MEDAMALLI
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.30993 of 2025
ORDER:
The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
"...declaring the action of the respondents in not paying the of amount of Rs. Rs.49,10,792/- due from 2 5 .0 4 .2 0 2 5 even after finalizing the bills, payable to the petitioner after the successful completion of the execution of work i.e.. i. Removal of Weed Growth in Catch Drain between karamchedu swarna from Km 0 .0 0 0 to km 5 .4 3 2 , infalling into catch drain between swarna-Aleru and removal of weed Growth in C.D running parallel, canal infalling into kappalavagu drain and removal of weed growth in pulka minor drain infalling into C.D between karamchedu-swarna affluent in Karamchedu (M ), Bapatla District. Estimated Value Rs.5,14,000/- vide Agreement N o.24,D n/2024-2025 dated 2 4 .0 7 .2 0 2 4 ii. Removal of weed growth in kappalavagu infalling from km 0 .0 0 0 to km 8.600 in karamchedu (M ) Bapatla District. Estimated value Rs.9,73,000/- vide Agreement N o.25,D n/2024-2025 dated 2 4 .0 7 .2 0 2 4 . iii. Removal of weed growth in swarna affluent drain from km 0 .0 0 0 to km 5.130, in karamchedu(M) Bapatla District. Estimated value Rs.8,89,000/- vide Agreement N o.26,D n/2024- 2025 dated 2 4 .0 7 .2 0 2 4 . i. Removal of Weed Growth in Catch Drain between karamchedu swarna from Km 0 .0 0 0 to km 5 .4 3 2 , infalling into catch drain between swarna-Aleru and removal of weed Growth in C.D running parallel, canal infalling into kappalavagu drain and removal of weed growth in pulka minor drain infalling into C.D between karamchedu-swarna affluent in Karamchedu (M ), Bapatla District. Estimated Value Rs.5,14,000/- vide Agreement N o.24,D n/2024-2025 dated 2 4 .0 7 .2 0 2 4 . ii. Removal of weed growth in kappalavagu infalling from km 0 .0 0 0 to km 8.600 in karamchedu (M ) Bapatla District. Estimated value Rs.9,73,000/- vide Agreement N o.25,D n/2024-2025 dated 2 4 .0 7 .2 0 2 4 . iii. Removal of weed growth in swarna affluent drain from 5 VS,J W.P.No.30993 of 2025 km 0 .0 0 0 to km 5.130, in karamchedu(M) Bapatla District. Estimated value Rs.8,89,000/- vide Agreement N o.26,D n/2024- 2025 dated 2 4 .0 7 .2 0 2 4 . iv. Removal of weed growth in Romperu right arm from km 0 .0 0 0 to km 6 .000 in karamchedu(M), Bapatla District. Estimated value Rs.19,23,000/- vide Agreement N o .27, Dn/2024-2025 dated 24.0 7 .2 0 2 4. v. Removal of weed growth and jammu in kappalavagu infalling into parchuru vagu in karamchedu (M ), apatla district. Estimated value Rs.7,05,000/- vide Agreement N o.28,D n/2024-2025 dated 2 4 .0 7 .2 0 2 4 . as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to make the payment of Rs.49,10,792/- with accrued interest to the petitioner in respect of execution of the above said work ...."
2. The petitioner had been awarded the contract of five works as per the agreements dated 24.07.2024 by the respondents. After execution of the aforementioned contract works, the respondents issued quality control certificates for five works i.e., 1) dated 25.04.2025 for a sum of Rs.4,31,106/-,
2) for a sum of Rs.8,18,304/-, 3) for a sum of Rs.7,47,528/-, & 4) for a sum of Rs.5,46,676/- and dated 01.05.2025 for a sum of Rs.16,18,077/-. 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- 6
VS,J W.P.No.30993 of 2025 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 certificates 1) dated 25.04.2025 for a sum of Rs.4,31,106/-,
2) for a sum of Rs.8,18,304/-, 3) for a sum of Rs.7,47,528/-, & 4) for a sum of Rs.5,46,676/- and dated 01.05.2025 for a sum of Rs.16,18,077/-. 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. 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 respondents to release the amounts to the petitioner in accordance with the quality control certificates 1) dated 25.04.2025 for a sum of Rs.4,31,106/-, 2) for a sum of Rs.8,18,304/-, 3) for a sum of Rs.7,47,528/-, 7 VS,J W.P.No.30993 of 2025 & 4) for a sum of Rs.5,46,676/- and dated 01.05.2025 for a sum of Rs.16,18,077/- issued by the respondents, within a period of five (5) 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: 01.12.2025 KGR