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M/S Sri Radha Krishna Industries vs. The State Of Andhra Pradesh

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WP/35699/2025HC Andhra PradeshGSTCNR APHC01068892202523 June 2026Bench: SUBBA REDDY SATTI6 pages
For Petitioner: ANNAMNEEDI BALAKRISHNAFor Respondent: GP FOR IRRI AND CAD, GP FOR FINANCE PLANNING

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Cause title — parties, addresses and appearances
Date of reserved for orders : Date of pronouncement : 24.06.2026 Date of uploading : APHC010688922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE 24th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35699/2025 Between: 1. M/S SRI RADHA KRISHNA INDUSTRIES,, REP BY ITS MANAGING DIRECTOR, DODDA SATYA VENKATA RAMA RAO, S/O. GOPALA KRISHNA, AGED 49 YEARS, R/O. D.NO.13-14-26, BAPUJI NAGAR, KOVVURU, KOVVUR, WEST GODAVARI DISTRICT - 534 350. ...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. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR IRRIGATION WING, WEST GODAVARI DISTRICT AT BHIMAVARAM. 4. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. Page 2 of 6 5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, ELURU, ELURU DISTRICT. 6. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER, RESOURCES DEPARTMENT, GODAVARI WESTERN DIVISION, NIDADAVOLE, EAST GODAVARI 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 be pleased to issue an appropriate Writ, Order or 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. 18,96,931/-, 1) Amount of Rs. 2,56,377/-, Agreement No. 75/24-25 dated 30.08.2024 and vide M. Book No. 1873GW, 2) Amount of Rs. 2,94,576/-, Agreement No. 74/24-25 dated 30.08.2024 and vide M. Book No. 1891GW, 3) Amount of Rs. 5,70,403/-, Agreement No. 73/24-25 dated 30.08.2024 vide M. Book No. 302GW, 4) Amount of Rs. 2,47,290/-, Agreement 73/24-25 dated 30.08.2024 and vide M. Book No. 832GW, 5) Amount of Rs. 2,09,450/- , Agreement No. 72/24-25 dated 30.08.2024 and vide M. Book No. 838GW, 6) Amount of Rs. 3,18,835/-, Agreement No. 76/24-25 dated 30.08.2024 and vide M. Book No. 528GW, with interest of execution and completion of O and M works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as 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. 18,96,931/- plus 18percent GST for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith, and pass such 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 may be pleased to direct the respondents releasing the Final Bills of total amount worth of Rs. 18,96,931/- + 18% GST, for execution of completion of O & M works under Irrigation Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition and pass such Page 3 of 6 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 grant leave to the Respondent No.6 to file Counter Affidavit in W.P.No.35699 of 2025 and to 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:

::ORDER ::

The above writ petition was filed to declare the action of the respondent authorities in not releasing the amount of Rs.18,96,931/- (Rs. 2,56,377/-, Rs.2,94,576/-, Rs.5,70,403/-, Rs.2,47,290/-, Rs.2,09,450/- and Rs. 3,18,835/-) payable to the petitioner for execution of works in pursuance of agreement Nos. 75/24-25, 74/24-25, 73/24-25, 73/24-25, 72/24-25 and 76/24-25, dated 30.08.2024, 30.08.2024, 30.08.2024, 30.08.2024, 30.08.2024, 30.08.2024, respectively, as illegal and arbitrary.

2.

A counter affidavit was filed by the Executive Engineer, Godavari Western Division, Nidadavaole. The authority has not disputed the execution of the aforementioned works and the amounts payable to the petitioner. In para No.5 of the counter, it was stated that the petitioner is entitled for Rs.22,26,882/-. However, due to an inadequate budget, the amounts were not released.

3.

Heard Annamneedi Balakrishna, learned counsel for the petitioner, and Sri S. Satish, the learned Assistant Government Pleader for Irrigation, for the respondents.

4.

Learned counsel for the petitioner would submit that pursuant to Ex.P1 agreements, the petitioner has executed the aforementioned works as per the timelines stipulated in the agreements and the same was verified by the respective authorities. However, the amount has not been paid so far.

5.

Learned Assistant Government Pleader would submit that the petitioner is not entitled to interest. He placed reliance on the order, dated 11.02.2025, in W.A.No.60 of 2025 passed by the Division Bench of this Court.

6.

Learned counsel undertakes to pay the deficit court fee within one week and file a memo to that effect. The same is recorded.

7.

Thus, as seen from the averments made in the counter-affidavit filed on behalf of respondent No.6, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.22,26,882/-. 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 juri iction. 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 1 2025 SCC online SC 1400

not the correct course unless there are disputed questions of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”.

8.

Given the averments made in the counter-affidavit filed on behalf of respondent No.6, though there is a small variation in the amount claimed by the petitioner and the amount determined by the official, as payable to the petitioner, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.22,26,882/- (Rupees Twenty Two Lakhs Twenty Six Thousand Eight Hundred and Eighty Two only) payable to the petitioner regarding execution of the aforementioned works, subject to statutory deductions, if any, within three (03) months from the date of receipt of the copy of this order. Insofar as the interest component is concerned, the petitioner is at liberty to approach the civil court or appropriate forum given the directions in the writ appeal referred to supra. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.06.2026 IKN

Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No 258

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 35699 of 2025

Date: 24.06.2026 IKN

Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.