Sri Srinivasa Engineering Works vs. The State Of Andhra Pradesh

WP/28941/2025HC Andhra PradeshGSTCNR APHC01055463202506 November 2025Bench: V.SUJATHA6 pages

For Petitioner: ANNAMNEEDI BALAKRISHNAFor Respondent: GP FOR IRRI AND CAD, GP FOR FINANCE PLANNING

AI SummaryPartly Allowed

Facts

The petitioner, Sri Srinivasa Engineering Works, completed irrigation works as per agreements with the Irrigation Department. The department issued quality control certificates for various amounts, but the petitioner had not received payment for these amounts. The petitioner sought release of the final bills including GST.

Held

The Court directed the respondents to release the admitted amounts as per the quality control certificates within six months. Regarding the interest component, the Court stated it would be binding if a clause in the agreement/work order existed for payment of interest on due amounts.

Key Issues

The primary issue was the non-release of payment for completed irrigation works despite the issuance of quality control certificates. The secondary issue was the petitioner's claim for GST and interest on the delayed payment.

Sections Cited

Not Applicable

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

APHC010554632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28941/2025 Between: 1. SRI SRINIVASA ENGINEERING WORKS, PROPRIETOR- SRI.A.N.MURALI KRISHNA, S/O.ATIKALAMALLIKAJUNARAO, R/O. D.NO. 3-43, VYSYA BANK YADURUGA, PERAVALI, KHANDAVALLI, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES 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, KAKINADA DISTRICT AT KAKINADA. 4. THE ENGINEER IN CHIEF / CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, POLAVARAM PROJECT DIVISION, DOWLESWRAM EAST GODAVARI DISTRICT. 5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, P.I.P.L.M.C. CIRCLE, TUNI, KAKINADA DISTRICT. 6. THE EXECUTIVE ENGINEER IRRIGATION AND WATER, RESOURCES DEPARTMENT, P.I.P.L.M.C. DIVISION NO.2, 2 VS,J W.P.No.28941/2025 DOWLAISWARAM, 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 Rs. 75,40,258/- 1) Rs. 58,11,950/-, vide its Agreement No. 05 SE/2022-23, for which the name of work was O and M of 2nd stage lift of Talluru Lift at Km 45.195 of Pushkara Lift Irrigation Scheme Main canal of ThotaVenkatachalamPushkara Lift Irrigation Scheme at Talluru (V), Gandepalli (M), East Godavari District, 2) Rs. 17,28,308/- vide its Suppl. Agreement No. 02/2023-24, for which the name of work was O and M of 3rd stage lift of Talluru Lift-2B at Rajapudi (V), Jaggampeta(M), East Godavari District at Km 3.900 right Main Canal of Talluru Lift of ThotaVenkatachalamPushkara Lift Irrigation Scheme for the year 2023-24, for which the total amount was Rs. 75,40,258/-, for the 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 Articles 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. 75,40,258/- plus 18percent GST for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith 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 may be pleased to direct the respondents releasing the Final Bill amount of Rs. 75,40,258/- + 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 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: 3 VS,J W.P.No.28941/2025

ORDER:

The present writ petition came to be 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. 75,40,258/- 1) Rs.58,11,950/- vide its Agreement No.05 SE/2022-23, for which the name of work was O and M of 2nd stage lift of Talluru Lift at Km 45.195 of Pushkara Lift Irrigation Scheme Main canal of Thota Venkatachalam Pushkara Lift Irrigation Scheme at Talluru (V), Gandepalli (M), East Godavari District, 2) Rs.17,28,308/- vide its Suppl. Agreement No.02/2023-24, for which the name of work was O and M of 3rd stage lift of Talluru Lift-2B at Rajapudi (V), Jaggampeta(M), East Godavari District at Km 3.900 right Main Canal of Talluru Lift of Thota Venkatachalam Pushkara Lift Irrigation Scheme for the year 2023-24, for which the total amount was Rs.75,40,258/-, for the 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 Articles 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.75,40,258/- plus 18percent GST for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass….”

The petitioner had been awarded the contract of two works vide agreement Nos.05 SE/2022-23 and 02/2023-24, by the Irrigation Department. After execution of the aforementioned contract works, the respondents issued quality control certificates i.e., dated 05.12.2022 for a sum of Rs.12,44,485/-, dated 17.08.2024 for a sum of Rs.17,12,802/-, dated 14.06.2024 for a sum of Rs.19,63,174/- and dated 20.08.2025 for a sum of Rs.14,63,205/-. 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.

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.

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.

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 i.e., dated 05.12.2022 for a sum of Rs.12,44,485/- , dated 17.08.2024 for a sum of Rs.17,12,802/-, dated 14.06.2024 for a sum of Rs.19,63,174/- and dated 20.08.2025 for a sum of Rs.14,63,205/-. 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.

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.

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 i.e., dated 05.12.2022 for a sum of Rs.12,44,485/-, dated 17.08.2024 for a sum of Rs.17,12,802/-, dated 14.06.2024 for a sum of Rs.19,63,174/- and dated 20.08.2025 for a sum of Rs.14,63,205/- issued by the respondents, within a period of six (6) 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: 07.11.2025 KBN THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 28941/2025

Date: 07.11.2025 KBN

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.