Sri Sai Teja Engineers Private Limited vs. The State Of Andhra Pradesh

Original PDF →
WP/30217/2025HC Andhra PradeshGSTCNR APHC01054358202517 November 2025Bench: V.SUJATHA9 pages
For Petitioner: ANNAMNEEDI BALAKRISHNAFor Respondent: GP FOR IRRI AND CAD, GP FOR FINANCE PLANNING
AI SummaryAllowed

Facts

The petitioner, a contractor, filed a writ petition seeking release of final bill amounts for completed works awarded by the Irrigation Department. The respondents admitted the amounts were payable but cited budget non-release as the reason for non-payment.

Held

The Court directed the respondents to release the admitted amounts to the petitioner within two months from the date of the order. The Court also noted that any interest payable as per the agreement would be binding.

Key Issues

The primary issue was the arbitrary inaction of the respondents in releasing the final bill amounts for completed works, despite admitting the petitioner's entitlement to payment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
APHC010543582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30217/2025 Between: 1. SRI SAI TEJA ENGINEERS PRIVATE LIMITED, REP. BY ITS MANAGING DIRECTOR, P. UMA LAKSHMANA KUMAR, S/O. SEETHARAMUDU, AGED ABOUT 45 YEARS, OCC CONTRACTOR, R/O. D.NO.5-97/1, RAJU VARRI PALEM, KOMARAGIRIPATNAM, ALLAVARAM, EAST GODAVARI DISTRICT. ...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, 2 VS,J W.P.NO.30217 OF 2025 KAKINADA, KAKINADA DISTRICT. 4. THE ENGINEER INCHIEF, , MINOR AND MAJOR IRRIGATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 5. THE CHIEF ENGINEER, GODAVARI DELTA SYSTEM, WATER RESOURCES DEPARTMENT, DOWLESWARAM, EAST GODAVARI DISTRICT. 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, DOWLESWARAM, EAST GODAVARI DISTRICT. 7. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, YELERU IRRIGATION DIVISION, PEDDAPURAM KAKINADA, KAKINADA DISTRICT. 8. THE DEPUTY EXECUTIVE ENGINEER, YELURU IRRIGATION SUB-DIVISION WATER RESOURCES DEPARTMENT, PITHAPURAM, EAST GODAVARI DISTRICT. 9. THE DEPUTY EXECUTIVE ENGINEER, VOTTIGADDA SUB-DIVISION WATER RESOURCES DEPARTMENT, YEIESWARAM, 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 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. 13,72,221/-, 1) Amount of Rs. 1,76,318/- vide Agreement No. 179/2024-25, for which the work Emergency Breach closing by formation of Embankment to gokavaram Yeti calava and Puntha Calva of 3 VS,J W.P.NO.30217 OF 2025 Subbareddy Sagar Project at Km. 6.10,6.30,6.35,6.55 and 6.70 near Lampakalalova limits of 2) Amount Rs. 58,499/-, vide its Agreement No. 128/2024-25, for which the work Emergency Breach closing by formation of Embankment to gokavaram Yeti calava of Subba reddy Sagar Project at Km. 7.00 near P. Jagannadhapuram village limits of Prathipadu (M) in Kakinada District 3) Amount of Rs. 22,091/- vide Agreement No. 129/2024-25, for which the work Emergency Breach closing by formation of Embankment to the feeder channel of chinapatha Tank at Km. 0.80 near K.Kothapalli village limits of Prathipadu (M) in Kakinada District,4) Amount of Rs. 69,151/- vide Agreement No. 130/2024-25, for which the work Emergency Breach closing by formation of Embankment to the feeder Prathipadu (M) in Kakinada District channel of chinapatha Tank at Km. 6.90 and 7.40 near Pedda Sankarlapudi village limits of Prathipadu (M) in Kakinada District 5) Amount of Rs. 1,89,332/- vide Agreement No. 132/2024-25, for which the work Emergency Breach closing and weed removal in RRB Tank No.5 channel to protect the banks, fields and S.C colony in Mallavaram village in Gollaprolu Mandal 6) Amount of Rs. 2,36,741/- vide Agreement No. 149/2024-25, for which the work Emergency Breach closure work on Talamdoddi Calava @ Km. 1.5 and Km. 2.20 in Kothapalli Village limits, thondangi Mandal 7) Amount of Rs. 2,72,818/- vide Agreement No. 150/2024-25, for which the work Emergency Breach closure work Pampa main canal @ KM. 3.00 both R/S and US in the lined canal (adjacent to railway track) in Gopalapatnam village thondangi Mandal 8) Amount of Rs. 3,47,271/- vide Agreement No. 151/2024-25, for which the work Emergency Breach closure on Patacalava @ KM 13.00 in Krishnapuram village thondangi Mandal (Near Gabuura tank) 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 4 VS,J W.P.NO.30217 OF 2025 of total amount worth of Rs. 13,72,221/- plus 18 percentage GST for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith, and 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 to direct the respondents releasing the Final Bills of total amount worth of Rs. 13,72,221/- + 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 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: 5 VS,J W.P.NO.30217 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30217/2025

ORDER:-

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….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.13,72,221/-, 1) Amount of Rs. 1,76,318/- vide Agreement No.179/2024-25, for which the work “Emergency Breach closing by formation of Embankment to gokavaram Yeti calava and Puntha Calva of Subbareddy Sagar Project at Km. 6.10,6.30,6.35,6.55 and 6.70 near Lampakalalova limits of Prathipadu (M) in Kakinada District”, 2) Amount Rs. 58,499/-, vide its Agreement No. 128/2024-25, for which the work “Emergency Breach closing by formation of Embankment to gokavaram Yeti calava of Subba reddy Sagar Project at Km. 7.00 near P. Jagannadhapuram village limits of Prathipadu (M) in Kakinada District”, 3) Amount of Rs. 22,091/- vide Agreement No. 129/2024-25, for which the work “Emergency Breach closing by formation of Embankment to the feeder channel of chinapatha Tank at Km. 0.80 near K.Kothapalli village limits of Prathipadu (M) in Kakinada District”,4) Amount of Rs. 69,151/- vide Agreement No.130/2024-25, for which the work “Emergency Breach closing by formation of Embankment to the feeder channel of chinapatha Tank at Km. 6.90 and 7.40 near Pedda Sankarlapudi village limits of Prathipadu (M) in Kakinada District” 5) Amount of Rs.1,89,332/- vide Agreement No.132/2024-25, for which the work “Emergency Breach closing and weed removal in RRB Tank No.5 channel to protect the banks, fields and S.C colony in Mallavaram village in Gollaprolu Mandal” 6) Amount of Rs.2,36,741/- vide Agreement No.149/2024-25, for which the work “Emergency Breach closure work on Talamdoddi Calava @ Km. 1.5 and Km. 2.20 in Kothapalli Village limits, thondangi Mandal” 7) Amount of Rs.2,72,818/- vide Agreement No.150/2024-25, for W.P.NO.30217 OF 2025 which the work “Emergency Breach closure work Pampa main canal @ KM. 3.00 both R/S and L/S in the lined canal (adjacent to railway track) in Gopalapatnam village thondangi Mandal” 8) Amount of Rs.3,47,271/- vide Agreement No.151/2024-25, for which the work “Emergency Breach closure on Patacalava @ KM 13.00 in Krishnapuram village thondangi Mandal (Near Gabuura tank)” 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.13,72,221/- + 18% GST for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith…”

2.

The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate dated 18.02.2025 to a tune of Rs.1,76,318/-, quality control certificate dated 05.02.2025 to a tune of Rs.58,499/-, Rs.22,091/-, Rs.69,151/-, quality control certificate dated 22.02.2025 to a tune of Rs.1,89,332/- and quality control certificate dated 01.02.2025 to a tune of Rs.2,36,741/-, Rs.2,72,818/- and Rs.3,47,271/-. 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 W.P.NO.30217 OF 2025 the aforesaid sum of money, 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 Government Pleader on oral instructions stated 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, however, admitted the amount payable to the petitioner as per the quality control certificate dated18.02.2025 filed by the petitioner to a tune of Rs.1,76,318/-, quality control certificate dated 05.02.2025 to a tune of Rs.58,499/-, Rs.22,091/-, Rs.69,151/-, quality control certificate dated 22.02.2025 to a tune of Rs.1,89,332/- and quality control certificate dated 01.02.2025 to a tune of Rs.2,36,741/-, Rs.2,72,818/- and Rs.3,47,271/-.

6.

In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and W.P.NO.30217 OF 2025 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 certificates dated 18.02.2025, 05.02.2025, 22.02.2025 and 01.02.2025 issued by the respondents within a eriod of two (02) months from the date of receipt of a copy of this order. No costs.

7.

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.

8.

Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :18.11.2025 JLV W.P.NO.30217 OF 2025

150 THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 30217/2025

Dt.18.11.2025 JLV

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.