APHC010175962024 IN THE HIGH COURT OF ANDHRA PR AT AMARAVATI (Special Original Jurisdiction) MONDAY.THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9080 OF 2024 Between: NAS Babu Constructions PVT Ltd, Rep. by its Managing Director, Nagendram, S/o. Venkateswara Rao, R/o. D.No.l0-150-A2. 1st Lane Rajendra Nagar, Gudivada, Krishna District. NW ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Irrigation and Command Area Development Department, Secretariat, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi. 3. The Chief Engineer, Krishna Delta System, District. 4. The Superintending Engineer, Irrigation Circle District. 5. The Executive Engineer, Drainage Division, Gudivada. 6. The Dy Executive Engineer, Drainage Krishna District. Vijayawada. Krishna Vijayawada, Krishna Krishna District. Sub-Division, Machilipatnam. ...Respondents r Petition under Article 226 of the Constitution of India praying that in the ' circunrstances stated in the affidavit filed therewith, the High Court may be V pleased to issue an appropriate writ or order or a direction more particularly ' c|?e in the nature of writ of Mandamus declaring the action of the respondents ‘ notrfeleasing the Price Escalation Adjustment amount of Rs.24,25,865/- for Fuel, Labour and Machinery for execution of work for Modernization of Dredging of Sivaganga major drain from Km 0.00 of Km 6.00 including Detailed investigation, Sub-Soil Explanation, Preparation of H.Ps preparation of LP. Schedules and operation and maintenance of the System for two years after completion of the work on E.P.C. Turn Key Systems vide Agt.No.l9 SE/2011-12, Dt.11.08.2011 in Irrigation and Modernization of Krishna Delta System Drainage Sector in Irrigation Circle, Vijayawada, Krishna District, as is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice and consequently direct the respondents approved price escalation amount of Rs.24,25,865/- due to the petitioner i;: respect of execution of work forthwith interest of 18 percentage. 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 direct the respondents to pay the approved price escalation amount of Rs.24,25,865/- Fuel, Labour and Machinery for execution of work for Modernization of Dredging of Sivaganga major drain from Km 0.00 of Km 6.00” including “Detailed investigation, Sub-Soil Explanation, Preparation of H.P’s preparation of LP. Schedules and operation and maintenance of the System for two years after completion of the work on E.P.C. Turn Key Systems” vide Agt.No.l9 SE/2011-12, Dt.l 1.08.2011 in Irrigation and CAD Department for Modernization of Krishna Delta System Drainage Sector Irrigation Circle, Vijayawada, Krishna District, immediately, pending disposal of the main writ petition. CAD Department for to release the in in r Counsel for the Petitioner; SRI BATTULA SANJAIAH GANDHI Counsel for the Respondent Nos. 2: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 1,3 to 6: GP FOR IRRIGATION COMM AREA DEV The Court made the following order: * r APHC010175962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9080/2024 Between: ...PETITIONER Nas Babu Constructions Pvt Ltd AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.BATTULA SANJAIAH GANDHI Counsel for the Respondent{S): 1.GP FOR FINANCE PLANNING 2.GP FOR IRRIGATION COMM AREA DEV The Court made the following: 1 ■2 VS, J WP 9080 2024 t THE HONOURABLE SMT JUSTICE V.SUJATHA Writ Petition No: 9080 of 2024 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; “...to issue an appropriate writ or order or a direction more particutarly one in the nature of writ of MANDAMUS declaring the action of the respondents not releasing the Price Escalation Adjustment amount of Rs.24,25,865/- for Fuel Labour and Machinary for execution of work for “Modernization of Dredging of Sivaganga major drain from Km 0,00 of Km 6.00” including “Detailed investigation Sub-Soil Explanation Preparation of H.P’s preparation of LP. Schedules and operation and maintenance of the System for two years after completion of the work on E.P.C. Turn Key Systems” vide Agt. No.19 SE/2011-12, Dt,11.08.2011 in Irrigation and CAD Department for Modernization of Krishna Delta System Drainage Sector in Irrigation Circle, Vijayawada, Krishna District, as is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice and consequently direct the respondents to release the approved price escalation amount of Rs.24,25,865/- due to the petitioner in respect of execution of work forthwith interest of 18 percentage and to pass...” Today, when the matter came up for hearing, learned Assistant Government Pleader has furnished a copy of instructions of the Executive Engineer, Drainage Division, Gudivada, vide Letter No.EE/DRG/GDV/AB/A4/ Court Cases/1300, dated 20.08.2025, wherein it is admitted with regard to the 2. works done by the petitioner. However, it is stated that the petitioner has not submitted the bill till date for payment of Price Escalation Adjustment amount to the Division Office. 3 VS, j iiJi WP 9080 2024 In view of the same, learned counsel for the petitioner requested this 3. Court to direct the respondents to consider the request made by the petitioner on his submission of the bill within a period of 10 days from the date of this order. Accordingly, the present writ petition is disposed of, with a direction to 4. the petitioner to submit the bills within 10 days from the date of receipt of a copy of this order and on receiving the said bills, the respondents are directed to make the payment, in accordance with the bill submitted by the petitioner. as expeditiously as possible, preferably within a period of three (03) months thereafter. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTIO FICER To The Principal Secretary, Irrigation and Command Area Development Department, State of AP, Secretariat, Velagapudi, Amaravathi. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. The Chief Engineer, Krishna Delta System, Vijayawada. Krishna District. The Superintending Engineer, Irrigation Circle, Vijayawada. Krishna District. The Executive Engineer, Drainage Division, Gudivada. Krishna District. The Dy Executive Engineer, Drainage Sub-Division, Machilipatnam. Krishna District. One CC to Sri. Battula Sanjaiah Gandhi Advocate [OPUC 1. 2. 3. 4. 5. 6. 7. 1 f 0 8. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Irrigation Common Area Dev, High Court of Andhra Pradesh [OUT] 10.Two CD Copies GSC "f V HIGH COURT DATED;01/09/2025 ORDER WP NO. 9080 OF 2024 I tTSf^aBS I Current beciion DISPOSING THE WP WITHOUT COSTS