V APHC010180302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTEENTH DAY OF JULY! g i TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9150 OF 2024 Between: M/s Sagittal Infra Projects, Door No 9-2-228/A, Jangareddygudem West Godavari District rep by its Managing partner Sri K. Krishna Kishore ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Irrigation and Water Resources (CAD) Department, Amaravathi, Guntur District, A.P. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Finance and Planning department, at Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. The Superintending engineer. Irrigation circle, Krishna Eastern Division, Vijayawada, NTR District The Executive Engineer, Water Resources Department, Krishna Eastern Division, Vijayawada, NTR District Pay and Accounts Officer, Vijayawada, NTR District. at Secretariat, Velagapudi, 2. 3. 4. 5. ...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 an appropriate Writ, Order or Direction more particularly one % in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in paying the final bill amount of Rs. 876992/- (Rupees eight lakhs seventy six thousand nine hundred and ninety two) to the petitioner in respect of execution of the work relating to agreement No 33/2020-21 dated 20-06-2020 as illegal, arbitrary, and violation of principles of natural justice and violation of Article 14, 19 (1) (g) of Constitution of India and consequently direct the respondents to pay the said amount of Rs 876992/- (Rupees eight lakhs seventy six thousand nine hundred and ninety two) to the petitioner with interest @ 18% per annum from 01 -12-2020 till the date of payment in the interest of justice. 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 an amount of Rs 876992/- (Rupees eight lakhs seventy six thousand nine hundred and ninety two) to the petitioner firm in respect of execution of work relating to work agreement No:33/2020-21 dated 20-06-2020 in the interest of Justice pending disposal of the writ petition and pass such Counsel for the Petitioner: SRI CH. B. R. P. SEKHAR Counsel for the Respondent Nos.1, 3 & 4:GP FOR IRRIGATION AND CAD Counsel for the Respondent Nos.2 & 5: GP FOR FINANCE & PLANNING The Court made the following order: % APHC010180302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9150/2024 Between: 1.M/S SAGITTAL INFRA PROJECTS, DOOR NO 9-2-228/A, JANGAREDDYGUDEM WEST GODAVARI DISTRICT REP BY ITS MANAGING PARTNER SRI K. KRISHNA KISHORE ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI SECRETARY IRRIGATION AND WATER RESOURCES (CAD) DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI SECRETARY FINANCE AND PLANNING DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 3.THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, KRISHNA EASTERN DIVISION, VIJAYAWADA, NTR DISTRICT 4.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, KRISHNA EASTERN DIVISION, VIJAYAWADA, NTR DISTRICT 5. PAY AND ACCOUNTS OFFICER, VIJAYAWADA, NTR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.CH B R P SEKHAR Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR IRRI ANDCAD (AP) The Court made the following: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9150/2024 ORDER: - The present Writ Petition is filed questioning the action of the respondents in not paying an amount of 1. Rs.8,76,992/- to the petitioner despite completion execution of work of O & M of desilting of Seethammapeta Channel on Krishna, Eluru Main Canal. 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 dated 20.06.2020 with respondent No.4. 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 No.4 inspected the execution of work at regular intervals and after completion of the same, the respondent No.4 issued Quality Control Certificate dated 05.02.2022 after conducting checks and tests and the observations were also recorded in field register and the same w was found satisfactory based on the field tests carried out. Despite the same, the respondents did not release the said amount of Rs.8,76,992/- in favour of the petitioner. Questioning the said action, the present writ petition is filed. On the other hand, the learned Government Pleader 3. for Irrigation would fairly submit that the petitioner has executed the above mentioned works and did not dispute the Quality Control Certificate dated 05.02.2021 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. Heard learned counsel for petitioner and learned 4. Assistant Government Pleader for Irrigation and CAD. Perused the material available on record. 5. It is not in dispute that the petitioner has entered into 6. agreement with respondent No.4 dated 20.06.2020 and he has completed the works O & M of desilting of Seethammapeta Channel on Krishna, Eluru Main Canal. Further on perusal of the Quality Control Certificate dated 05.02.2021, it is clear that the petitioner has executed the same to the satisfaction of the IT'' 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. 6. In view of the above, the Writ Petition is allowed and the respondents are directed to pay an amount of Rs.8,76,992/- to the petitioner within a period of six (06) 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/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Irrigation and Water Resources (CAD) Department, State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. The PrI. Secretary, Finance and Planning department. State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. The Superintending Engineer, Irrigation Circle, Krishna Eastern Division, Vijayawada, NTR District The Executive Engineer, Water Resources Department, Krishna Eastern Division, Vijayawada, NTR District Pay and Accounts Officer, Vijayawada, NTR District. One CC t Sri Ch. B. R. P. Sekhar, Advocate [OPUC] Two CCs to GP for Finance and Planning High Court of Andhra Pradesh [OUT] Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] Two CD Copies. 2. 3. 4. 5. 6. 7. 8. 9. HIGH COURT DATED:14/07/2025 ORDER WP No.9150 OF 2024 ALLOWING THE W.P. WITHOUT COSTS