Judgment
APHC010169142026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 10479/2026 Between:
1. M/S UDAYAM CONSTRUCTIONS, REP BY ITS PROPRIETOR ATIURI UMA MAHESWARA RAO, S/O. ATIURI PRERR BABU, AGED ABOUT 34 YEARS, R/O. D. NO. 1-151, GUDIVADA ROAD, NIDUMOLU (V), MOWA (M), KRISHNA DISTRICT - 521156.
...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P.
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522237.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237.
3. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD), WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT - 520001.
4. THE DISTRICT COLLECTOR, (IRRIGATION WING) BAPATLA DISTRICT AT BAPATLA. - 522101.
5. THE ENGINEER IN CHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT,
GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT-520001.
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6. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, GUNTUR, GUNTUR DISTRICT - 522001.
7. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER, RESOURCES DEPARTMENT, DRAINAGE DIVISION, REPALLI, BAPATLA DISTRICT - 522101.
...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 an appropriate Writ, Order direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 49,83,708/- 18per GST, 1) Amount of Rs. 2,61,551/- vide Agreement No. 60/24-25 dated 05.09.2024 vide M.Book No. 1423, 2) Amount of Rs. 1,84,051/- vide Agreement No. 59/24-25 dated 05.09.2024 vide M.Book No. 1589, 3) Amount of Rs. 3,52,611/- vide Agreement No. 58/24-25 dated 05.09.2024 vide M.Book No.1299, 4) Amount of Rs. 5,02,763/- vide Agreement No. 57/24-25 dated 05.09.2024 vide M.Book No. 1654, 5) Amount of Rs. 4,69,047/- vide Agreement No. 56/24-25 dated 05.09.2024 vide M.Book No. 1658, 6) Amount of Rs. 2,87,867/- vide Agreement No. 55/24-25 dated 05.09.2024 vide M.Book No. 1422, 7) Amount of Rs. 3,65,720/- vide Agreement No. 54/24-25 dated 05.09.2024 vide M.Book No. 1621, 8) Amount of Rs. 3,97,886/- vide Agreement No. 53/24-25 dated 05.09.2024 vide M.Book No. 1619, 9) Amount of Rs. 5,81,497/- vide Agreement No. 52/24-25 dated 05.09.2024 vide M.Book No. 1508, 10) Amount of Rs. 3,83,775/- vide Agreement No. 51/24- 25 dated 05.09.2024 vide M.Book No. 1620, 11) Amount of Rs. 2,46,059/- vide Agreement No. 50/24-25 dated 05.09.2024 vide M.Book No. 1590, 12) Amount of Rs. 4,10,000/- vide Agreement No. 49/24-25 dated 05.09.2024, 13) Amount of Rs. 5,40,881/- vide Agreement No. 48/24-25 dated 05.09.2024 vide M.Book No. 1648, with interest of execution and completion of works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 49,83,708/- 18 GST for execution of completion of works under Irrigation Department as per agreement, to the petitioner forthwith, and pass
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IA NO: 1 OF 2026 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 may be pleased to direct the respondents releasing the Final Bills of total amount worth of Rs. 49,83,708/- + 18% GST, for execution of completion of works under Irrigation Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner:
1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following:
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O R D E R
This Writ Petition is filed seeking the following relief:
“….to issue an appropriate Writ, Order direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 49,83,708/- 18per GST, 1) Amount of Rs.
2,61,551/- vide Agreement No. 60/24-25 dated 05.09.2024 vide M.Book No. 1423, 2) Amount of Rs. 1,84,051/- vide Agreement No. 59/24-25 dated 05.09.2024 vide M.Book No. 1589, 3) Amount of Rs. 3,52,611/- vide Agreement No. 58/24-25 dated 05.09.2024 vide M.Book No.1299, 4) Amount of Rs. 5,02,763/- vide Agreement No. 57/24-25 dated 05.09.2024 vide M.Book No. 1654, 5) Amount of Rs. 4,69,047/- vide Agreement No. 56/24-25 dated 05.09.2024 vide M.Book No. 1658, 6) Amount of Rs. 2,87,867/- vide Agreement No. 55/24-25 dated 05.09.2024 vide M.Book No. 1422, 7) Amount of Rs. 3,65,720/- vide Agreement No. 54/24-25 dated 05.09.2024 vide M.Book No. 1621, 8) Amount of Rs. 3,97,886/- vide Agreement No. 53/24-25 dated 05.09.2024 vide M.Book No.
1619, 9) Amount of Rs. 5,81,497/- vide Agreement No. 52/24-25 dated 05.09.2024 vide M.Book No. 1508, 10) Amount of Rs.
3,83,775/- vide Agreement No. 51/24-25 dated 05.09.2024 vide M.Book No. 1620, 11) Amount of Rs. 2,46,059/- vide Agreement No. 50/24-25 dated 05.09.2024 vide M.Book No. 1590, 12) Amount of Rs. 4,10,000/- vide Agreement No. 49/24-25 dated 05.09.2024, 13) Amount of Rs. 5,40,881/- vide Agreement No.
48/24-25 dated 05.09.2024 vide M.Book No. 1648, with interest of execution and completion of works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.
49,83,708/- 18 GST for execution of completion of works under Irrigation Department as per agreement, to the petitioner forthwith, and pass such other order…”
2.
Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation and Command Area Development.
3.
The petitioner claims to be a registered contractor engaged in the execution of civil works and that it was entrusted with various works of the Irrigation and Command Area Development on a tender basis. It is the case of the petitioner that it was awarded a contract for execution of the works as mentioned above, totaling an amount of Rs.49,83,708/- . It is the case of the petitioner that it executed the works to the satisfaction of the authorities
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concerned, and upon completion of the works, the respondent authorities measured the same and recorded the measurements in the Measurement Books.
4.
It is the grievance of the petitioner that notwithstanding the completion of the works and its measurement by the competent authorities, the amount due towards the executed works has not been paid till date. According to the petitioner, although the works were completed long back, the respondent authorities are not releasing the admitted amount payable to it. Aggrieved by the non-payment of the said amount, the petitioner filed the present Writ Petition.
5.
Learned Assistant Government Pleader for Irrigation and Command Area Development, on written instructions, from the Executive Engineer, Drainage Division, Repalle -7th respondent, submits that there is no dispute with regard to the execution of the subject works by the petitioner. He further submits that after statutory deductions of Rs.3,66,097/-, the petitioner is entitled to an amount of Rs.53,18,025/-. He further submits that the bill was not uploaded in NIDHI due to non release of LOC to the required extent. The written instructions are placed on record.
6.
Since the amount payable is admitted and undisputed, the Writ Petition is maintainable. In M/s.Utkal Highways Engineers and Contractors v.
Chief General Manager & Ors1, it was held at Para No.8 as under:
“Be that as it may, the High Court has not dealt with the merits of the Writ Petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a Writ Petition may lie. Further, throwing a Writ Petition on ground of availability of alternative remedy after 10 years, particularly, when parties have exchanged their affidavits, is not the correct course unless there are disputed questions of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”
1 2025 SCC OnLine SC 1400
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7.
Having regard to the fact that there is no dispute with regard to the works executed by the petitioner and the amount payable to it, and in view of the submissions of the learned Assistant Government Pleader for Irrigation and Command Area Development, the respondent authorities are directed to pay a sum of Rs.53,18,025/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order.
8.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.
_____________________________ JUSTICE K. SREENIVASA REDDY Date: 03.09.2026.
MS / JS
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HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No.10479 of 2026 Date: 03.09.2026
MS / JS