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High Court of Andhra Pradesh · body

2025 DAILYLAW 1429 (AP)

A. G. R. N. Murthy, v. The State of Andhra Pradesh,

WP/32432/2025 · 2026-04-19

Ravi Cheemalapati

body2025

Judgment text

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APHC010622552025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 32432/2025 Between: 1. A. G. R. N. MURTHY,, S/O. BUCHIYYA, AGED ABOUT 52 YEARS, OCC- CONTRACTOR, R/O. 8 AMBAJIPETA MANDALAM, EAST GODAVARI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER 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 VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR IRRIGATION WING, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 4. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, 5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 32432/2025 A. G. R. N. MURTHY,, S/O. BUCHIYYA, AGED ABOUT 52 YEARS, CONTRACTOR, R/O. 8-132/2, PEDDA VEEDI, MACHAVARAM, AMBAJIPETA MANDALAM, EAST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT THE DISTRICT COLLECTOR IRRIGATION WING, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, RC,J W.P.No.32432 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE TWENTIETH DAY OF APRIL THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI A. G. R. N. MURTHY,, S/O. BUCHIYYA, AGED ABOUT 52 YEARS, 132/2, PEDDA VEEDI, MACHAVARAM, AMBAJIPETA MANDALAM, EAST GODAVARI DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, THE DISTRICT COLLECTOR IRRIGATION WING, EAST GODAVARI THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, RC,J W.P.No.32432 of 2025 2 DOWLAISWARAM, EAST GODAVARI DISTRICT. 6. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER, RESOURCES DEPARTMENT, P.I.P.L.M.C. DIVISION NO. 1, RAJAMAHENDRAVARAM AT 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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs. 1,41,62,894/-, 1) Amount of Rs. 2,05,470/-, Agreement No. 02/20-21 dated 30.06.2020 and vide M. Book No. 313A, 2) Amount of Rs. 10,64,614/-, Agreement No. 03/20-21 dated 30.06.2020 and vide M. Book No. 172A, 3) Amount of Rs. 17,45,198/-, Agreement No. 04/20- 21 dated 01.08.2020 vide M. Book No. 425A, 4) Amount of Rs. 11,28,443/-, Agreement No. 01/21-22 dated 31.07.2021 and vide M. Book No. 141 A, 5) Amount of Rs. 17,13,210/-, Agreement No. 02/21- 22 dated 31.07.2021 and vide M. Book No. 511 A, 6) Amount of Rs. 16,64,081/-, Agreement No. 03/21-22 dated 31.07.2021 and vide M. Book No. 149A, 7) Amount of Rs. 7,31,560/-, Agreement No. 04/21-22 dated 05.08.2021 andvide M. Book No. 102A, 8) Amount of Rs. 9,03,721/-, Agreement No. 05/21-22 dated 05.08.2021 and vide M. Book No. 315A, 9) Amount of Rs. 1,05,351/-, Agreement No. 02/21-22 dated 12.01.2022 and vide M. Book No. 556A, 10) Amount of Rs. 9,05,441/-, Agreement No. 01/22- 23 dated 16.06.2022 and vide M. Book No. 563A, 11) Amount of Rs. 19,29,951/-, Agreement No. 03/22-23 dated 16.06.2022 and vide M. Book No. 512A, 12) Amount of Rs. 20,65,854/-, Agreement No. 04/22-23 dated 16.06.2022 and vide M. Book No. 514A, with interest of execution and 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 Article 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. 1,41,62,894/- plus 18percent GST for execution of RC,J W.P.No.32432 of 2025 3 completion of 0 and M works under Irrigation Department as per agreement, to the petitioner forthwith, and 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 pleased to direct the respondents releasing the Final Bills of total amount worth of Rs. 1,41,62,894/- + 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 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: RC,J W.P.No.32432 of 2025 4 ORDER This Writ Petition is filed questioning the inaction of the respondents in payment of final bill amount of Rs.1,41,62,894/- for the works executed by the petitioner. 2. The learned Assistant Government Pleader for Irrigation and Command Area Development submitted that in the counter affidavit filed by Executive Engineer, the authorities have admitted the due amount payable to the petitioner and sought six (06) months time for payment of the amount. 3. Sri Annamneedi Balakrishna, learned counsel for the petitioner, reported no objection for granting the amount as sought by the learned Assistant Government Pleader. 4. In view of the above, the writ petition is disposed of, directing the respondent authorities to pay to the petitioner the admitted final bill amount at an earliest, at any rate not later than six (06) months from the date of receipt of copy of this order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE RAVI CHEEMALAPATI 20th April, 2026. RR