1 % ^ APHC010188072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9467 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. 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 Vijayawada, NTR District 4. The Executive Engineer, Eastern Division, Vijayawada, NTR District 5. Pay and Accounts Officer, Vijayawada, NTR District. at Secretariat, Velagapudi circle, Krishna Eastern Division Water Resources Department, Krishna ...RESPONDENTS of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue an Petition under Article 226 of the Constitution may be more particularly one appropriate Writ, Order or Direction in the nature of Writ of Mandamus declaring the respondents in paying the final bill inaction on the part of the amount of Rs.11,25,033/-(Rupees Eleven to the petitioner in respect of No. 9/2020-21 dated 19/05/2021 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 lakhs twenty five thousand and thirty three) execution of the work relating to agreement as illegal, arbitrary, and violation of 11,25,033/-(Rupees Eleven lakhs twenty five thousand and thirty three) to the petitioner with interest @ 18% per annum from 01/11/2021 till the date of payment in the interest of justice. lA NO: 1 OF 2()7A Petition under Section 151 CPC in the affidavit filed i direct the respondents to pay an amount of Rs. 11,25,033/- {Rupees eleven lakhs twenty five thousand and thirty three) execution of work relating to work agreement in the interest of Justice pending disposal Counsel for the Petitioner: SRI CH. praying that in the circumstances stated in support of the petition, the High Court may be pleased to to the petitioner firm in respect of No;9/2020-21 dated 19/05/2021 of the writ petition. B. R. P. SEKHAR Counsel for the Respondent Nos.1.3 & 4;GP FOR IRRIGATION & CAD Counsel for the Respondent Nos.2 & 5: The Court made the following order: GP FOR FINANCE & PLANNING APHC010188072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9467/2024 [3505] Between: 1.M/S SAGITTAL INFRA PROJECTS, DOOR NO- 9-2-228/A, JANGAREDDYGUDEM WEST GODAVARI DISTRICT REP BY ITS KISHORE MANAGING PARTNER SRI K. KRISHNA ...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, GUNTUR DISTRICT, A.P. 3.THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, KRISHNA EASTERN DIVISION, VIJAYAWADA, NTR DISTRICT AMARAVATHI, 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.CHBRP SEKHAR Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR IRRIGATION COMM AREA DEV The Court made the following: r* THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9467 of 2024 ORDER: - 1. The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs. 11,25,033/- to the petitioner despite completion execution work of O & M of weed removal of weed on Krishna, Eluru Main Canal. of 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 19.05.2021 with respondent No.4. Thereafter, he has completed the said work within the stipulated time as per the agreement. )t 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 a dated 18.08.2023 after conducting checks and tests and the observations were also recorded in field register and the was found satisfactory based on the field tests carried out. Despite the same, the respondents did not release the said amount of Rs. 11,25,033/- in favour of the petitioner. Questioning the said action, the present writ petition is filed. same 3. On the other hand, the learned Government Pleader for Irrigation would fairly submit that the petitioner has executed the above mentioned works and did not dispute the Quality Control Certificate dated 18.08.2023 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 Assistant Government Pleader for Irrigation and CAD. 4. 5. Perused the material available on record. 6. It is not in dispute that the petitioner has entered into agreement with respondent No.4 dated 19.05.2021 and he has completed the work of O & M of weed removal of weed Krishna, Eluru Main Canal. Further on perusal of the Quality on Control Certificate dated 18.08.2023, it is clear that the petitioner has executed the same to the satisfaction of the 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. 1^- In view of the above, the Writ Petition is allowed and the respondents are directed to pay an amount of Rs.11,25,033/- 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/- V. DIWAKAR DEPUTY REGISTRAR //TRUE COPY// OFFICER SE To, The PrI. Secretary, Irrigation and Water Resources (CAD) Department, State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. (BY RPAD) The PrI. Secretary, Finance and Planning Department, State of Andhra Pradesh at Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. . (BY RPAD) The Superintending Engineer, Irrigation circle, Krishna Eastern Division, Vijayawada, NTR District. (BY RPAD) The Executive Engineer, Water Resources Department, Krishna Eastern Division Vijayawada, NTR District. (BY RPAD) 1. 2. 3. 4. 5. Pay and Accounts Officer, Vijayawada, NTR District. . 6. One CC to Sri Ch. B. R. P. Sekhar, Advocate [OPUC] 7. Two CCs to GP for Finance and Planning, High Court Pradesh [OUT] 8. Two CCs to GP for Irrigation and CAD, High Court of Andhra [OUT] 9. Two CD Copies. (BY RPAD) of Andhra Pradesh ssb HIGH COURT 1 DATED:14/07/2025 ORDER WP No.9467 OF 2024 ALLOWING THE W.P. WITHOUT COSTS