1 VS,J W.P.No.10091 of 2024 APHC010200442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10091/2024 Between: 1. SRI SAI SARANYA CONSTRUCTIONS, REP BY ITS MANAGING PARTNER INTURU KIRAN KUMAR S/O. VEERA BHADRAIAH HAVING ITS REGISTERED OFFICE ADDRESS D.NO.25-9-208, Z.P.COLONY, A.K.NAGAR, NELLORE - 524 004,SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY IRRIGATION AND WATER RESOURCES (CAD) DEPARTMENT SECRETARIAT BUILDINGS, AMARAVATHI. GUNTUR DISTRICT. ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, AT ONGOLE. 4. THE CHIEF EXECUTIVE OFFICER, COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM (CFMS) 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT - 521 456. 5. PAY AND ACCOUNTS OFFICER, PRAKASAM DISTRICT, ONGOLE. 6. THE ENGINEERINCHIEF, MINOR/MAJOR IRRIGATION 2 VS,J W.P.No.10091 of 2024 DEPARTMENT IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 7. CHIEF ENGINEER PROJECTS, ONGOLE PRAKASAM DISTRICT. 8. THE SUPERINTENDING ENGINEER, CONSTRUCTION CIRCLE ONGOLE 523 001. PRAKASAM DISTRICT. 9. THE EXECUTIVE ENGINEER, GRP DIVISION NO. II ONGOLE PRAKASAM DISTRICT. 10. DEPUTY EXECUTIVE ENGINEER, GRP SUB-DIVISION NO. IV MEDARAMETIA PRAKASAM 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 tomay be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in preparing and approving final bill and in paying releasing the said final bill amount along with interest 18percent p.a. from the date of issuance of memo dated 13-08-2020 pre-closing the contract work to till the date of realization of the said amount with regard to contract work vide agreement no. 23/2018-19 dated 19-07-2018 of Formation of Reservoir across Paleru River at Sangameswaram Temple near Chennipadu Village Ponnaluru Mandal Prakasam District to develop an ayacut of 9500 Acres. which was pre-closed as per Government vide memo No. ICDO1- mjir/255/2019/Projects-11-5 dt. 13.08.2020 as unjust, illegal, irregular, highhanded, mala fide and arbitrary, without any reason or ground and violation of principles of natural justice and violation of fundamental rights guaranteed under the Articles 14, 21 and 19(1) (g) of the Constitution of India and consequently direct the respondents to prepare and approve the final bill and to pay or release the said approved final bill in respect of said contract work to the petitioner forthwith in the interest of justice and pass such IA 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 may be pleased to direct the respondents to prepare and approve final bill and to pay or release the said approved final bill amount along with interest 18% p.a. from the date of issuance of memo dated 13-08-2020 pre-closing 3 VS,J W.P.No.10091 of 2024 the contract work to till the date of realization of the said amount with regard to contract work vide agreement no. 23/2018-19 dated 19-07-2018 of “Formation of Reservoir across Paleru River at Sangameswaram Temple near Chennipadu Village Ponnaluru Mandal Prakasam district to develop an ayacut of 9500 Acres.” to the petitioner forthwith pending disposal of the writ petition and to pass such 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 grant leave to the Respondent No.9 to file Counter Affidavit and to pass Counsel for the Petitioner: 1. NUVVULA RAM BABU Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRI AND CAD (AP) The Court made the following: 4 VS,J W.P.No.10091 of 2024 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10091/2024 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in preparing and approving final bill and in paying releasing the said final bill amount along with interest 18% p.a. from the date of issuance of memo dated 13.08.2020 pre-closing the contract work to till the date of realization of the said amount with regard to contract work vide agreement no.23/2018-19 dated 19.07.2018 of “Formation of Reservoir across Paleru River at Sangameswaram Temple near Chennipadu Village Ponnaluru Mandal Prakasam District to develop an ayacut of 9500 Acres” which was pre-closed as per Government vide memo No.ICDO1-mjir/255/2019/Projects-II-5, dt.13.08.2020 as unjust, illegal, irregular, highhanded, mala fide and arbitrary, without any reason or ground and violation of principles of natural justice and violation of fundamental rights guaranteed under the Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to prepare and approve the final bill and to pay or release the said approved final bill in respect of said contract work to the petitioner forthwith in the interest of justice…” 2. The 9th respondent has filed a counter, wherein they admit that as the petitioner failed to complete the work within the agreement period and the 1st Extension of Time was granted by the 8th respondent as per Government Memo No.10244/Ser-VII (V&E)/A1/2007-5, dated 30.01.2009, the work was pre-closed and final bill is pending and the bill is not uploaded in CFMS due to lack of funds. It is further stated that the pending bill will be uploaded in 2025- 26 year budget to be allotted. 3. Today, when the matter came up for hearing, learned Assistant Government Pleader for Irrigation, has furnished a copy of instructions of the Executive Engineer, vide letter No.EE/GRP2/OGL/PALERU/WP/10091/2024/ 5 VS,J W.P.No.10091 of 2024 331M, dated 08.09.2024, wherein it is stated that so far as the bills payable to the petitioner are concerned, the final bill is now kept ready and the bill could not be uploaded in CFMS/NIDHI Portal due to lack of funds. It is also stated that the final bill amount to be paid to the petitioner is Rs.3.00 crore. In the FY 2025-26 budget, an amount of Rs.1.00 crore was allotted to the head of account of the subject work, which is insufficient for raising the bill. As such, additional budged was requested from the Government. It is further submitted that after allotment of budget in FY 2025-26, the bill will be uploaded in NIDHI Portal and payment will be made to the petitioner, for which five months will be required to arrange for payment. 4. Recording the same, this Court feels it appropriate to dispose of the writ petition. 5. Accordingly, the Writ Petition is disposed of directing the respondents to make payment of Rs.3.00 crores as admitted by the 9th respondent in his instructions dated 08.09.2025, within a period of six (06) months from the date of receipt of the copy of this order. No costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 09.09.2025 JLV 6 VS,J W.P.No.10091 of 2024 547 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10091/2024 Dt.09.09.2025 JLV