Extracted from the PDF above. The PDF is authoritative.
APHC010688902025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 35621/2025 Between:
1. SRI RADHA KRISHNA INDUSTRIES, REP BY ITS MANAGING DIRECTOR, DODDA SATYA VENKATA RAMA RAO, S/O. GOPALA KRISHNA AGED 49 YEARS, R/O. D.NO.13-14-26, BAPUJI NAGAR, KOVVURU, KOVVUR, WEST GODAVARI DISTRICT - 534 350. ...PETITIONER AND
1. THE STATE OF AP, 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 BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
3. THE DISTRICT COLLECTOR IRRIGATION WING, KAKINADA DISTRICT AT KAKINADA. 4. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT,
GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT,
IRRIGATION CIRCLE, DOWLAISWARAM, EAST GODAVARI DISTRICT. 6. THE EXECUTIVE ENGINEER, , IRRIGATION AND WATER, RESOURCES DEPARTMENT, YELERU IRRIGATION DIVISION, PEDDAPURAM, KAKINADA 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 declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 23,35,248/- , 1) Amount of Rs. 4,13.812/-, Agreement No. 68/24-25 dated 07.07.2024 and vide M. Book No. 1518YRA, 2) Amount of Rs. 3,99,841/-, Agreement No. 54/24-25 dated 16.07.2024 and vide M. Book No. 4057YRA, 3) Amount of Rs. 3,40,087/-, Agreement No. 107/24-25 dated 03.10.2024 vide M. Book No. 3845YRA, 4) Amount of Rs. 3,92,051/-, Agreement No. 53/24-25 dated 16.07.2024 and vide M. Book No. 4058YRA, 5) Amount of Rs. 4,05,425/-, Agreement No. 67/24-25 dated 07.08.2024 and vide M. Book No. 1519YRA, 6) Amount of Rs.
3,84,032/-, Agreement No. 59/24-25 dated 24.07.2024 and vide M. Book No. 1520YRA, 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. 23,35,248/- plus 18 percent GST for execution of completion of O 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 to direct the respondents releasing the Final Bills of total amount worth of Rs. 23,35,248/- + 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 order:
Aggrieved by the non-payment of bill amounts to the petitioner in relation to the completed works, the present writ petition is filed. 2. Heard Sri D.Rama Koteswara Rao, learned counsel representing learned counsel for the petitioner and Sri Satish Kumar, learned Assistant Government Pleader for Irrigation Department. 3. Sri Satish Kumar, learned Assistant Government Pleader for Irrigation on counter submitted that, the authorities have admitted to pay the entitled amount to the petitioner and sought four(04) months time for such payment. 4. To the said submission, learned counsel for the petitioner reported no objection. 5.
Taking into consideration the submissions of both the learned counsel and as the authorities are ready to pay the entitled amount to the petitioner, this court is inclined to dispose of the writ petition, at the admission stage with the following direction. The respondents are directed to release the legally admitted/entitled net amount to at the earliest, and at any rate, within a period of four(04) months from the date of receipt of copy of this order. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI BRS