APHC010169962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) >1 or THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 8624 OF 2024 ) rj o & % n Between: Sri M Balakishan Reddy, S/o M. Venkateswarulu, D. No. 24-1-204, 2"'' Floor, B4, Sujathamma Colony, Nellore, SPSR Nellore District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Resources Department, AP Secretariat, Velagapudi Guntur District. 2. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Finance and Planning Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Superintendent Engineer, Water Resources Department, Irrigation Circle, Nellore, SPSR Nellore District. Water Amaravathi, 4. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District. 5. The Commissioner CADA, Hanumanpet, Vijayawada. Water Resources Department, ...RESPONDENTS 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 a writ, order or direction more particularly WRIT OF MANDAMUS declaring the one in the nature of action of the respondents in non- payment an amount of Rs. 23,40,582/-in total due for the last Two years after finalizing the bills. even payable to the petitioner after the successful Protection Arrangements to Nellore District vide completion of the execution of works ii.e. Kudithipalem Channel in Indukurpet Mandal, SPSR Agreement 01 O&M/2023-24 28.08.2023 duly approved by the respondents as illegal, arbitrary, unjust. unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release 23,40,582/- towards the works an amount of Rs. executed by the petitioner along with 12% interest per annum. LA NO: 1 OF 209d Petition under Section 151 CPC praying that in the circumstances stated <n the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the amount of Rs. 23,40,582/-in total due for the last Two years even after finalizing the bills payable to the petitioner after the of the execution of works i successful completion , Protection rrangements to Kudithipalem Channel in Indukurpet Mandal, SPSR Nellore District vide Agreement 01 O&M/2023-24 28.08.2023" forthwith disposal of the main writ petition and I.e. pending pass Counsel for the Petitioner: SRI SIVAPRASAD Counsel for the Respondent Nos.1, 3 to 5: GP FOR IRRIGATION & CAD Counsel for the Respondent No.2: The Court made the following order: REDDY VENATI GP FOR FINANCE & PLANNING APHCOI 0169962024 THE HIGH COURT OF ANDHRA PRADESH AT ANIARAVATI (Special Original Jurisdiction) IN [3505] ST#'* THURSDAY jHE thirty first day of JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE T.C.D.SEKHAR ^^fPiT pfTITIQN NO: 8624/2024 THE Between; 1.SR1 M BALAKISHAN REDDY 24-1-204,2ND FLOOR. B4, SPSR NELLORE DISTRICT ,, S/0 M VENKATESWARULU, D. NO. SUJATHAMMA COLONY, NELLORE, ...PETITIONER AND OF ANDHRA PRADESH. R^P BY ITS PRL WATER RESOURCES DEPARTMENT, AP 1.THE STATE SECRETARY, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT OF ANDHRA PRADESH, REP. fj J’'Tp planning department, AP GUNTUR 2.THE STATE SECRETARY, FINANCE AND SECRETARIAT, district. AMARAVATHI VELAGAPUDI SUPERINTENDENT ENGINEER, WATER RESOURCES department, irrigation circle, NELLORE, SPSR NELLORE district. 3.THE resources WATER engineer, CENTRAL DIVISION, NELLORE, SPSR EXECUTIVE 4.THE department, NELLORE NELLORE DISTRICT. RESOURCES WATER CADA, 5 THE COMMISSIONER department, HANUMANPET, VIJAYAWADA. ...RESPONDENT(S); f / 2 TCDS,J W.P.No.8624of2024 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment an amount of Rs. 23,40,582/-in total due for the last Two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e.. Protection Arrangements to Kudithipalem Channel in Indukurpet Mandal, SPSR Nellore District vide Agreement 01 O and M/2023-24 28.08.2023 duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount Of Rs. 23,40,582/- towards the works executed by the petitioner along with 12percent interest per annum and to pass lA 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 pleased to direct the respondents to pay the amount of Rs. 23,40,582/-in total due for the last Two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., “Protection Arrangements to Kudithipalem Channel in Indukurpet Mandal, SPSR Nellore District vide Agreement 01 O&M/2023- 24 28.08.2023” forthwith, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1 .SIVAPRASAD REDDY VENATl Counsel for the Respondent(S): 1.GPFOR1RRI ANDCAD (AP) 2.GP FOR FINANCE PLANNING (AP) The Court made the following: r 3 TCDSJ W.P.No.8624 of 2024 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 8624 of 2024 ORDER: The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs.23,40,582/- to the petitioner despite the work being completed i.e., arrangements to Kudithipalem Channel in Indukurpet Mandal of SPSR Nellore District vide agreement 01 O & M/ 2023-24, dated ‘Protection 28.08.2023’. 2. It is the case of the petitioner that the respondents have floated tender for execution of the said work in which the petitioner became the lowest bidder. It is the further case of the petitioner that he entered into agreement with the respondent authorities, thereafter, he has completed the said work within the stipulated time as per the agreement. It is the specific case of the petitioner that respondent authorities inspected the execution of work at regular intervals and after completion of the same, the respondent No.4 issued Quality Control Certificate dated 31.12.2023 after conducting checks and tests and the observations were also recorded in field register and the same was found satisfactory based on the field tests carried out. Despite the same, the respondents did not release the 4 TCDS.J W.P.No.8624of2024 said amount of Rs.23,40,582/- in favour of the petitioner. Questioning the said action, the present writ petition is filed. On the other hand, the learned Government Pleader for Irrigation would fairly submit that the petitioner has executed the above mentioned works and did not dispute the Quality Control Certificate dated 31.12.2023 issued by respondent No.4. He would further request this Court to pass appropriate orders by granting time to release the said amount in favour of the petitioner. 3. Heard learned counsel for petitioner and learned Assistant Government Pleader for Irrigation and CAD. Perused the material 4. available on record. It is not in dispute that the petitioner has entered into agreement with the respondent authorities dated 28.08.2023 and he Protection arrangements to 5. has completed the works i.e., Kudithipalem Channel in Indukurpet Mandal of SPSR Nellore District vide agreement 01 O & M/ 2023-24, dated 28.08.2023’. Further on perusal of the Quality Control Certificate dated 31.12.2023, it is clear that the petitioner has executed the same to the satisfaction of the respondents. In that view of the same, there is no justification on the part of the respondents in not releasing the admitted amount in favour of the petitioner. % 5 TCDS,J W.P.No.8624 of 2024 6. In view of the above, the Writ Petition is allowed and the respondents are directed to pay an amount of Rs.23,40,582/- to the petitioner within a period of ten (10) weeks from the date of receipt of the order. It is needless to mention that in so far as interest component is concerned, the petitioner is at liberty to take steps available under law. No order as to costs. As a sequel, pending applications, if any, shall stand closed. SD/“ N NAGAWIWIA i assist ant registrar i / //TRUE COPY// / SECTION OFFICER To 1. The PrI. Secretary, Water Resources Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Finance and Planning Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Superintendent Engineer, Water Resources Department, Irrigation Circle, Nellore, SPSR Nellore District. 4. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District. 5. The Commissioner CADA, Water Resources Department, Hanumanpet, Vijayawada. 6. One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] 7. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. ssb »»■ HIGH COURT DATED:31/07/2025 ORDER WP No. 8624 OF 2024 gf 2 0 AUG 2025 Ik ^'■^SgPATCBSS^ allowing the w.p. without costs