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APHC010509462024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26470/2024 Between:
1. V VISWESWARA REDDY, JANMABHOOMI MAVOORI COMMITTEE, S/O. MAHANANDA REDDY, AGED ABOUT 50 YEARS R/O.
CHINTHAKURNTA VILLAGE, GOSAPADU MANDAL, KURNOOL DISTRICT. ...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE DISTRICT COLLECTOR, NANDYAL. NANDYAL DISTRICT. 4. THE CHIEF ENGINEER, MINOR IRRIGATION DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 5. THE SUPERINTENDING ENGINEER IRRIGATION CIRCLE, IRRIGATION CIRCLE, KURNOOL, KURNOOL DISTRICT. 6. THE EXECUTIVE ENGINEER W R DEPT, KC CANAL DIVISION, NANDYAL, NANDYAL, 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 declaring the action of the respondents in not releasing Withheld amount for the works executed by the petitioner under the scheme Neeru -Chettu Providing Execution of Works i) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram U/S @ Km 1.100 to Km 1.200 near Bhammavaram (V), Nandyal (M) through the Agreement No. 282/18-19 Dt 18-04-2018 for an amount Rs. 74,642/- , ii) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram U/S @ Km 0.900 to Km 1.050 near Bhemmavaram (V), Nandyal (M) through the Agreement No 283/18-19 Dt. 18/04/2018 for an amount Rs.70,980/-, iii) Jungle Clearance and De-S,lting of Galeru Vagu af Bheemavaram D/S @ Km 0.600 to Km 0.700 near Bhemmavaram (V), Nandyal (M) through the Agreement No. 297/18-19 Dt. 18/04/2018 for an amount Rs.74.642/-, iv) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram D/S @ Km 0.700 to Km 0.800 near Bhemmavaram (V). Nandyal (M) through the Agreement No. 298/18-19 Dt. 18/04/2018 for an amount Rs.70,943/-, v) Jungle Clearance and De-Silting of Caleru Vagu at Bheemavaram Km 1.750 to Km 1.900 D/S@ near Bhemmavaram (V), Nandyal (M) through the Agreement No. 308/18-19 Dt.
18/04/2018 for an amount Rs.71,056/-, Vi) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram D/S Km 2.950 to Km 3.050 near Bhemmavaram (V), Nandyal (M) under Neeru Chenu Programme through the Agreement No. 185/18-19 Dt. 18/04/2018 for an amount Rs.74,487/-, vii) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram D/S Km (3.550 to Km 3.650 near Bhemmavaram (V), Nandyal (M) through the Agreement No. 191/18-19 Dt. 18/04/2018 for an amount Rs.74,600/-, viii) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram D/S Km 3.950 to Km 4.050 joingin to Kundu junction near Bhemmavaram (V), Nandyal (M) under Neeruj Chettu Programme through the Agreement No. 195/18-19 Dt. 18/04/2018 for an amount Rs.74,600/-, ix) Jungle clearance and De-Silting of Galeru Vagu at Bheemavaram U/s @ Km. 1.500 to Km. 1.595 near Bheemavaram (V), Nandyal (M) through the Agreement No.943/18-19, Dt. 05/07/2018 for an amount Rs.74,133/-, x) Jungle clearance and De-Silting of Galeru Vagu at Bheemavaram U/s@ Km.1.600 to Km. at 1.700 near Bheemavaram (V), Nandyal (M) through the Agreement No.944/18-19, Dt. 05/07/2018 for an amount Rs.74,475/-, xi) Jungle clearance and De- Silting of Galeru Vagu at Bheemavaram U/s @ Km. 1.700 to Km. 1.795 near Bheemavaram (V), Nandyal (M) through the Agreement No.945/18-19, Dt. 05/07/2018 for an amount Rs.74,652/- , xii)
Jungle cicance and De-Silting of Galeru Vagu at Bheemavaram U/s @ Km.1.800 to Km. 1.900 near Bheemavaram (V), Nandyal (M) through the Agreement No.946/18-19, Dt. 05/07/2018 for an amount Rs.74,565/- and xiii) Jungle clearance and De-Silting of Galeru Vagu at Bheemavaram U/s @ Km. 1.910 to Km.2.010 near Bheemavaram (V), Nandyal (M) through the Agreement No. 947/18-19, Dt. 05/07/2018 for an amount Rs.
74,565/- a total WHA amount of Rs.9,58,340/- with 18 percent interest is illegal, arbitrary and contrary to law and unconstitutional and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release the Withheld amount an amount of Rs.9,58,340/- with 18 percent Per annum to the petitioner in respect of the execution of aforementioned work forthwith and to pass IA NO: 1 OF 2024 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 respondent authorities to release the Withheld amount of Rs.9,58,340/- with interest at 18 percent for the works executed by the petitioner under the scheme Neeru - Chettu for executing the Works i) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram US @ Km 1.100 to Km 1.200 near Bhemmavaram (V), Nandyal (M) through the Agreement No. 282/18-19 Dt: 18-04-2018 for an amount Rs.74.642/- , ii) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram U/S @ Km 0.900 to Km 1.050 near Bhemmavaram (V), Nandyal (M) through the Agreement No. 283/18-19 Dt. 18/04/2018 for an amount Rs.70,980/- , iii) Jungle Clearance and De-Silting of Galeru Vagu af Bheemavaram D/S @ Km 0.600 to Km 0.700 near Bhemmavaram (V), Nandyal (M) through the Agreement No.297/18--19 Dt. 18/04/2018 for an amount Rs.74.642/-, iv) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram D/S @ Km 0.700 to Km 0.800 near Bhemmavaram (V), Nandyal (M) through the Agreement No. 298/18-19 Dt. 18/04/2018 for an amount Rs.70,943/-, v) Jungle Clearance and De-Silting of Caleru Vagu at Bheemavaram D/S @ Km 1.750 to Km 1.900 near Bhemmavaram (V). Nandyal (M) through the Agreement No. 308/18-19 Dt.
18/04/2018 for an amount Rs.71,056/-, Vi) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram D/S Km 2.950 to Km 3.050 near Bhemmavaram (V), Nandyal (M) under Neeru Chenu Programme through the Agreement No. 185/18-19 Dt. 18/04/2018 for an amount Rs.74.487/-. vii) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram D/S Km (3.550 to Km 3.650 near Bhemmavaram (V), Nandyal (M) through the Agreement No. 191/18-19 Dt. 18/04/2018 for an
amount Rs.74,600/-. viii) Jungle Clearance and De-Silting of Galeru Vagu at Bheemavaram D/S Km 3.950 to Km 4.050, joingin to Kundu junction near Bhemmavaram (V), Nandyal (M) under NeeruJ Chettu Programme through the Agreement No. 195/18-19 Dt. 18/04/2018 for an amount Rs.74,600/-. ix) Jungle clearance and De-Silting of Galeru Vagu at Bheemavaram U/s @ Km. 1.500 to Km. 1.595 near Bheemavaram (V), Nandyal (M) through the Agreement No.943/18-19, Dt. 05/07/2018 for an amount Rs 74 133/- X) Jungle clearance and De-Silting of Galeru Vagu at Bheemavaram U/s@ Km. 1.600 to Km.1.700 near Bheemavaram (V), Nandyal (M) through the Agreement No.944/18-19, Dt. 05/07/2018 for an amount Rs.74,475/-, xi) Jungle clearance and De-Silting of Galeru Vagu at Bheemavaram U/s @ Km. 1.700 to Km. 1.795 near Bheemavaram (V) Nandyal (M) through the Agreement No. 945/18-19. Dt. 05/07/2018 for an amount Rs.74.652/-. xii) Jungle cicance and De-Silting of Galeru Vagu at Bheemavaram U/s @ Km.1.800 to Km. (V), Nandyal (M) through the Agreement No.946/18-19. Dt. 05/07/2018 for an amount Rs.74,565/- and xiii) Jungle clearance and De- Silting of Galeru Vagu at Bheemavaram U/s @ Km. 1.910 to Km 2 010 near Bheemavaram (V), Nandyal (M) through the Agreement No. 947/18-19, Dt:05/07/2018 for an amount Rs.74,565/-. to the petitioner and to pass Counsel for the Petitioner:
1. MARELLA RADHA 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 respondents in withholding the payment of bill amount in relation to the works executed by the petitioner, as illegal and arbitrary. 2. Today, when the matter is taken up for consideration, Sri N. Venkatesh, learned counsel representing Smt. Marella Radha, learned counsel for the petitioner would submit that pending the writ petition, the amount was paid to
the petitioner by the authorities. Hence, the cause in the writ petition does not survive and the writ petition has become infructuous. 3. Recording the submission made by learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 17.06.2026 TVN
18 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 26470 of 2024
Date: 17.06.2026 TVN