APHC010169942024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 8645 OF 2024 Between: K Radha Krishna, S/o Penchalaiah, Chintalapalem Village, Kaluvoya Mandal, Nellore, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its PrI. Secretary, Water Resources Department, 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. ...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 one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non- ' payment an amount of Rs. 33,20,455/- in total due for the last Two years .. after finalizing the bills, payable to the petitioner after the successful . completion of the execution of works i.e., “Protection Arrangements to Mypadu Canal Side Sluice Channels in Indukurpet Mandal of SPSR Nellore District vide Agreement. 02 O&M/2023-24, 28.08.2023” duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and 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. 33,20,455/- towards the works executed by the petitioner along with 12% interest per annum. r violative of 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 to direct the respondents to pay the amount of Rs. 33,20,455/- 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 Mypadu Canal Side Sluice Channels in Indukurpet Mandal of SPSR Nellore District vide Agreement. 02 O&M/2023-24, 28.08.2023” forthwith, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 1,3 to 5; GP FOR IRRIGATION & COMM AREA DEV The Court made the following order: APHC010169942024 \ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 8645/2024 Between: 1.K RADHA KRISHNA, S/0 PENCHALAIAH, CHINTALAPALEM VILLAGE, KALUVOYA MANDAL, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRL. SECRETARY, WATER RESOURCES DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. 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. ...RESPONDENT(S); 2 TCDS.J W.P.No.8645 of 2024 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. 33,20,455/- 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 Mypadu Canal Side Sluice Channels in Indukurpet Mandal of SPSR Nellore District vide Agreement. 02 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. 33,20,455/- towards the works executed by the petitioner along with 12 percentage 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. 33,20,455/- in total due for the last Two years even after finalizing the bills, payable to tlie petitioner after the successful completion of the execution of works i.e., “Protection Arrangements to Mypadu Canal Side Sluice Channels in Indukurpet Mandal of SPSR Nellore District vide Agreement. 02 O&M/2023-24, 28.08.2023” forthwith, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1 .GP FOR FINANCE PLANNING 2.GP FOR IRRIGATION COMM AREA DEV The Court made the following; 3 TCDSJ W.P.No.8645of2024 , / THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 8645 of 2024 ORDER: The present Writ Petition is filed questioning theaction of the respondents in not paying an amount ofRs.33,20,455/- to the petitioner despite completing the work i.e., ‘Protection arrangements to Mypadu canal side sluice channels in Indukurpet Mandai of SPSR Nellore District vide agreement 02 O & M/ 2023-24, dated 28.08.2023’. It is the case of the petitioner that the respondentshave floated 2. tender for execution of the said work in which thepetitioner became the lowest bidder. It is the further case of thepetitioner that he entered into agreement with therespondent authorities, thereafter, he has completed the said workwithin the stipulated time as per the agreement. It is the specificcase of the petitioner that respondent authorities inspected theexecution of work at regular intervals and after completion of the same, the respondent No.4 issued Quality Control Certificatedated 31.12.2023 after conducting checks and tests and theobservations were also recorded in field register and the samewas found satisfactory based on the field tests carried out.Despite the same, the respondents did not release the said 4 TCDSJ W.P.No.8645 of 2024 amount of Rs.33,20,455/- in favour of the petitioner. Questioningthe said action, the present writ petition is filed. 3. On the other hand, the learned Government Pleaderfor Irrigation would fairly submit that the petitioner has executedthe above mentioned works and did not dispute the QualityControl Certificate dated 31.12.2023 issued by respondent No.4.He would further request this Court to pass appropriate orders bygranting time to release the said amount in favour of the petitioner. 4. Heard learned counsel for petitioner and learnedAssistant Government Pleader for Irrigation and CAD. Perusedthe material available on record. 5. It is not in dispute that the petitioner has entered intoagreement with the respondent authorities dated 28.08.2023 and he hascompleted the works i.e., ‘Protection arrangements to Mypadu canal side sluice channels in Indukurpet Mandal of SPSR Nellore District vide agreement 02 O & M/ 2023-24, dated 28.08.2023’. Further on perusal of the QualityControl Certificate dated 31.12.2023 it is clear that the petitionerhas executed the same to the satisfaction of the respondents. Inthat view of the same, there is no justification on the part of therespondents in not releasing the admitted amount in favour of the petitioner. 5 TCDSJ W.P.No.8645of2024 In view of the above, the Writ Petition is allowed and the 6. respondents are directed to pay an amount of Rs.33,20,455/- to the petitioner within a period of three (03) months 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/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// FFICER SE To, 1. The Principal Secretary, Water Resources Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The PfincipaV 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 Finance & Planning, High Court of Andhra Pradesh [OUT] 8. 8. Two CCs to GP for Irrigation & Comm Area Dev, High Court of Andhra Pradesh [OUT] 9. Two CD Copies TF } HIGH COURT DATED:31/07/2025 ORDER WP NO. 8645 OF 2024 ANDH^ X 1 i SEP 2025 ^ . Current Secuon ^ ^i^esPATC^^^ ■Si ALLOWING THE W.P. WITHOUT COSTS