Yerupudi Anjaneyulu vs. The State Of Andhra Pradesh

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WP/13852/2025HC Andhra PradeshGSTCNR APHC01025684202508 September 2025Bench: V.SUJATHA8 pages

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Cause title — parties, addresses and appearances
APHC010256842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13852 OF 2025 Between: Yerupudi Anjaneyulu,, S/o Venkateswara Rao, Aged about 38 years, R/o D. No. 2-25-12/1, Koka Vari Street, Occ. Contractor, Ramaraopeta, Taepalligudem, West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Irrigation, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist, 2. The Principle Secretary, Finance and Planning Department, Government of Andhra Pradesh 2nd block, 1st floor. Room No.287, Secretariat Buildings, Velagapudi, Guntur Dist., 3. The Engineer in Chief, Irrigation Department, 27-20-44, Museum Rd, Venkateshwara Rao Street, Pradesh 520 00., 4. The District Collector, East Godavari District, at Rajahmundry. 5. The Superintendent Engineer, Dowlaiswaram, East Godavari District. 6. The Executive Engineer, Godavari Headworks Division, Dowlaiswaram East Godavari District. 7. The Pay and Accounts Officer, Dowlaiswaram, East Godavari District. The Governorpeta, Vijayawada, Andhra ...Respondents / Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed there\A/ith, the High Court may be pleasect to issue

order or orders direction or directions. Writ or Writs . ..plHicularly one in the nature Writ of Mandamus or any appropriate writ re tbe action of the respondents in not paying the bills for execution of 4 works vide (1) Agreement No. 04D/2024-25, dt. 19-07-2024, (2) Agreement No. 05D/2024-25. dt. 19-07- 2024 (3) Agreement No. 6D/2024-25, dt. 19-07- 2024 and (iv) Agreement NO.17D/204-25, dt. 19-07-2024 for the amount of Rs. 19,78,620/- with 18 percent GST and 24 percent interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and Violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 24 percent interest. V"V lA 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 to release the amount of Rs. 19,78,620/- with 24% interest till to day from the date of completion of respective works towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main WP No. 13852 of 2025 and to pass V Counsel for the Petitioner: SRI A.SREE RAM Counsel for the Respondent Nos.1,3 to 7: GP FOR IRRI AND CAD Counsel for the Respondent No.2: GP FOR FINANCE PLANNING The Court made the following order;

APHC010256842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri iction) [3333] TUE AY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13852/2025 Between: 1.YERUPUDI ANJANEYULU,, S/0 VENKATESWARA RAO, AGED ABOUT 38 YEARS, OCC. CONTRACTOR, R/0 D. NO. 2-25-12/1, KOKA VARI STREET, RAMARAOPETA, TAEPALLIGUDEm! WEST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, 2.THE PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, THE GOVERNMENT OF ANDHRA PRADESH 2ND BLOCK, 1ST FLOOR. ROOM N0.287, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST., 3.THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, 27-20- 44, MUSEUM RD, VENKATESHWARA RAO STREET, GOVERNORPETA, VIJAYAWADA, ANDHRA PRADESH 520 00., 4.THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, AT RAJAHMUNDRY. IRRIGATION, SECRETARIAT BUILDINGS, 5.THE SUPERINTENDENT ENGINEER, DOWLAISWARAM, EAST GODAVARI DISTRICT.

6.

THE EXECUTIVE ENGINEER, GODAVARI HEADWORKS DIVISION, DOWLAISWARAM, EAST GODAVARI DISTRICT. 7.THE PAY AND ACCOUNTS OFFICER, 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 Fligh Court may be pleased topleased to issue order or orders directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of 4 works vide (1) Agreement No. 04D/2024-25, dt. 19-07-2024, (2) Agreement No. 05D/2024-25, dt. 19- 2024 (3) Agreement No. 6D/2024-25, dt. 19-07-2024 and (iv) Agreement NO.17D/204-25, dt. 19-07-2024 for the amount of Rs. 19,78,620/- with 18 percent GST and 24 percent interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 24 percent interest and to and pass lA NO: 1 OF 2025 direction or 07- Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased Pleased to direct the respondents to release the amount of Rs. 19,78,620/- with 24% interest till to day from the date of completion of respective works towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main WP No. of 2025 and to pass Counsel for the Petitioner: 1.A.SREE RAM Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING W.P.No.13852 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13852/2025 ORDER: The petitioner has been awarded the execution of works under the Irrigation department. After execution of the said contract, a final bill was prepared for a sum of Rs.8.41.363/-, Rs.1,90,722/-. Rs.7.01,346/- and per the sanctioned orders confirming the respondents also issued quality control certificates dated 04.10.2024, 21.12.2024, 11.12.2024 and 22.03.2025 to a tune of Rs.8,41,363/-, Rs.7,01,346/- and Rs.70,835/- respectively. 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.

1.

Rs.70,835/- as same. Rs. 1,90,722/-,

2.

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 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.

3.

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. \

4.

On the other hand, learned Government Pleader for Irrigation well as Finance & Planning, on oral instructions, has stated that, since the budget was not released by the Government, the bills \ as 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 amounts \ payable to the petitioner as per the quality control certificates dated 04. 10.2024, 21.12.2024, 11.12.2024 and 22.03.2025 filed by the petitioner of Rs. 8,41,363/- to a tune Rs. 1,90,722/-, Rs.7,01,346/- and Rs.70,835/- respectively.

5.

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 admitted amounts to the petitioner in accordance with the quality control certificates dated 04.10.2024, 21.12.2024, 11.12.2024 and 22.03.2025 issued by the respondents within a period of three (03) months from the date of receipt of a copy of this order.

6.

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. I

5 vs,j W.P.No.l3852of2025

7.

Consequently, Miscellaneous Petitions Petition shall stand closed. if any, pending in this Writ A r-k G. HELA NAIDU ASSISTANT REGISTRAR //// SECTION OFFICER To,

1.

The Principle Secretary, Irrigation, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist,

2.

The Principle Secretary, Finance and Planning Department, The Government of Andhra Pradesh 2nd block, 1st floor. Room No.287, Secretariat Buildings, Velagapudi, Guntur Dist.,

3.

The Engineer in Chief, Irrigation Department, 27-20-44, Museum Rd, Venkateshwara Rao Street, Governorpeta, Vijayawada, Andhra Pradesh 520 00.,

4.

The District Collector, East Godavari District, at Rajahmundry.

5.

The Superintendent Engineer, Dowlaiswaram, East Godavari District. Executive Engineer, Godavari Headworks Division, Dowlaiswaram, East Godavari District.

7.

The Pay and Accounts Officer, Dowlaiswaram, East Godavari District.

8.

One CC to SRI. A.SREE RAM Advocate [OPUC]

9.

Two CCs to GP FOR IRRI AND CAD High Court of Andhra Pradesh [OUT] - 10.Two CCs to GP FOR FINANCE PLANNING High Court of Andhra Pradesh [OUT] 11.Two CD Copies.

6.

The AL

\ \ \ HIGH COURT \ DATED:09/09/2025 Sv— X m( ? 3 OCT 2 y. ^\current S«ctton/^ ORDER WP NO. 13852 OF 2025 PISPOSING OF THE W.P. WITHOUT COSTS

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.