Andhra Pradesh High Court - Amravati
U Jaya Subba Reddy vs W.P.30489 Of 2025 on 1 December, 2025
APHC010556192025
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: 30489/2025
Between:
1. U JAYA SUBBA REDDY, S/O CHINNA SUBBI REDDY AGED ABOUT
66 YEARS, OCC BUSINESS R/O 1-27, RAJUVARIPETA. CHAPADU
MANDAL YSR KADAPA DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, IRROGATION DEPARTMENT.
PUNAMMATHOTA7LA55TVIJAYWADA-10. 2.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, FINANCE DEPARTMENT, AP SECRETARIAT,
VELAGAPUDI, AMARAVATHI-523238.
3. THE EXECUTIVE ENGINEER, W.R.D K.C. CANAL DIVISION,
NANDYALA. 4.
4. THE DEPUTY EXCECUTIVE ENGINEER, K.C.CANAL(SPL) SUB
DIVISION, MYDUKUR YSR KADAPA DISTRICT.
5. THE ASSISTANT EXECTUIVE ENGINEER, K.C. CANAL SECTION,
PRODDATUR Y.S.R. KADAPA DISTRICT
...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 topleased to issue a Writ, Order or Direction, more particularly one in
2
VS,J
W.P.30489 of 2025
the nature of Writ of Mandamus declaring the action of the of the respondents
and in nonpayment of dues Rs. 17,35,110.25/- pertaining to the work of
Providing to the existing R/s Sluice guide walls @Km 39.253 of Chapadu
Channel of near Nakkaladlnne(V) of Chapadu (m) of YSR (dt), executed
under Agreement No. 442/2023-2024, Dated 07.09.2023, even aftejr V
submission of bill which is illegal, arbitrary and Violation of Art.14 Art.15,
Art.19(1)(g), Art.21, Art.23 and Art.300A of Constitution of India nd violation of
clause and 68 69 of AP Standard Specifications and consequently direct the
respondents to pay dues of Rs. 17,35,110.25/- pertaining to the work
Providing to the existing R/s Sluice guide walls @Km 39.253 of Chapadu
Channel of near Nakkaladinne(V) of Chapadu (m) of YSR (dt).. executed
under Agreement No.442/2023-2024, dated 07.09.2023 along with 12percent
Interest from the date of expiry of one month from the date of submission of
bill to till the date of payment 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 consider & process the payment of dues
of Rs. 17,35,110.25/- pertaining to the work Providing to the existing R/s
Sluice guide walls @Km 39.253 of Chapadu Channel of near
Nakkaladinne(V) of Chapadu (m) of YSR (dt). executed under Agreement
No.442/2023-2024, dated 07.09.2023, expeditiously within 4 weeks pending
final disposal of the Writ petition pending disposal of the above writ petition
pending disposal of the above writ petition and to pass
Counsel for the Petitioner:
RAMALAKSHMANA REDDY SANEPALLI
Counsel for the Respondent(S):
GP FOR FINANCE PLANNING
The Court made the following:
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VS,J
W.P.30489 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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the of the respondents and in nonpayment of dues Rs. 17,35,110.25/- pertaining to the work of Providing to the existing R/s Sluice guide walls @Km 39.253 of Chapadu Channel of near Nakkaladlnne(V) of Chapadu (m) of YSR (dt), executed under Agreement No. 442/2023-2024, Dated 07.09.2023, even aftejr V submission of bill which is illegal, arbitrary and Violation of Art.14 Art.15, Art.19(1)(g), Art.21, Art.23 and Art.300A of Constitution of India nd violation of clause and 68 69 of AP Standard Specifications and consequently direct the respondents to pay dues of Rs. 17,35,110.25/- pertaining to the work Providing to the existing R/s Sluice guide walls @Km 39.253 of Chapadu Channel of near Nakkaladinne(V) of Chapadu (m) of YSR (dt).. executed under Agreement No.442/2023-2024, dated 07.09.2023 along with 12percent Interest from the date of expiry of one month from the date of submission of bill to till the date of payment ...."
2. The petitioner had been awarded the contract of work i.e., "Providing to the existing R/s Sluice guide walls @ Km 39.253 of Chapadu Channel of near Nakkaladinne Village, Chapadu Mandal of YSR District executed under Agreement No.442/2023-2024, dated 07.09.2023", by the 3rd respondent. 4
VS,J W.P.30489 of 2025 After execution of the aforementioned contract works, the respondents issued quality control certificate dated 20.11.2023 for a sum of Rs.15,81,518.89/-. 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. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate dated 20.11.2023 for a sum of Rs.15,81,518.89/-. 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. Though the petitioner claims to be entitled to Rs.17,35,110.25/-, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificate issued by the respondents dated 20.11.2023 for a sum of Rs.15,81,518.89/-. 5
VS,J W.P.30489 of 2025
7. In view of the facts and circumstances of the case, 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 5 to release the amounts to the petitioner in accordance with the quality control certificate dated 20.11.2023 for a sum of Rs.15,81,518.89/- issued by the respondents, within a period of three (03) 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