Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 15619 (AP)

V SATYA SAI VARA PRASAD v. State of Andhra Pradesh,

WP/10718/2025 · 2025-07-23

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010200532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10718 OF 2025 Between: V Satya Sai Vara Prasad, S/o Arjun Rao, D.No.56-2-14. Amar Apartments, Koneru Satyanarayana Street, Patmata, Vijayawada-520010. ...Petitioner AND 1. State of Andhra Pradesh, Represented by its Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. State of Andhra Pradesh, Represented by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Superintend Engineer, Irrigation Circle, Guntur 4. The District Collector, Guntur District. 5. The Executive Engineer, Irrigation Division, Guntur. 6. Deputy Executive Engineer, Guntur Channel Sub Division, Guntur. ...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the of p amount of Rs.9,10,899/- (Rupees Nine Lakh Ten Thousand Eight Hundred 'Ninety Nine Rupees only) due from 10.12.2023 even after finalizing the bills, payable to the petitioner after the successful completion of the execution of work i.e. O and M Repairs and Removal of Weed on No.1, No.2, No.3 Uppalapadu Majors, New Minor, Takkellapadu Major and No.1, No.2 Suddapalli Major Distributaries of Guntur Channel For the year 2023- 2024(second call)', which was taken up under Divisional Agreements No.29/2023-24, 30/2023-24, 31/2023-24, 32/2023-24 dated.04-09-20 23, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to make the payment of Rs.9,10,899/- due to the petitioner in respect of execution of the above said work. lA 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 to pay the amount Rs. 9,10,899/- towards the final bill for the work called “O & M Repairs & Removal of Weed on No.1, No.2, No.3 Uppalapadu Majors, New Minor, Takkeliapadu Major and No.1, No.2 Suddapalli Major Distributaries of Guntur Channel For the year 2023- 2024(second call)”, which was taken up under Divisional Agreements No.29/2023-24, 30/2023-24, 31/2023-24, 32/2023-24 dated.04-09-2023 duly approved by the respondents forthwith, pending disposal of the main writ petition. Counsel for the Petitioner: SRI DURGA MAHINDRA PONNAM Counsel for the Respondent Nos. 1, 3, 5 & 6: GP FOR IRRI AND CAD Counsel for the Respondent Nos. 2 & 4: GP FOR FINANCE & PLANNING The Court made the following order: APHC010200532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE • I [3505] PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10718/2025 Between: 1.V SATYA SAI VARA PRASAD, S/0 ARJUN RAO, D.NO.56-2-14. AMAR APARTMENTS, KONERU SATYANARAYANA STREET, PATAMATA, VIJAYAWADA-520010 . ...PETITIONER AND ESTATE OF ANDHRA PRADESH, REPRESENTED BY ITS WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND. PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE SUPERINTEND ENGINEER, IRRIGATION CIRCLE, GUNTUR 4.THE DISTRICT COLLECTOR, GUNTUR DISTRICT. 5.THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, GUNTUR. 6.DEPUTY EXECUTIVE ENGINEER, GUNTUR CHANNEL SUB DIVISION, GUNTUR. PRINCIPAL SECRETARY, ...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the of amount of Rs.9,10,899/- (Rupees Nine Lakh Ten Thousand Eight Hundred Ninety Nine Rupees only) due from 10.12.2023 even after finalizing the bills, payable to the petitioner after the successful completion of the execution of work i.e. O and M Repairs and. Removal of Weed on No.I, No.2, No.3 Uppalapadu Majors, New Minor, Takkellapadu Major and No.I, No.2 Suddapalli Major Distributaries of Guntur Channel For 2 the year 2023-2024(second call)' which was taken up under Divisional Agreements No.29/2023-24, 30/2023-24, 31/2023-24, 32/2023-24 dated.04-09-2023, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to make the payment of Rs.9,10,899/- due to the petitioner in respect of execution of the above said work. lA NO: 1 OF 2025 praying that in the Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the amount Rs. 9,10,899/- towards the final bill for the work called “O & M Repairs & Removal of Weed on No.1, No.2, No.3 Uppalapadu Majors, New Minor, Takkeliapadu Major and No.1, No.2 Suddapalli Major Distributaries of Guntur Channel For the year 2023-2024(second call)”, which was taken up under Divisional Agreements No.29/2023- 24, 30/2023-24, 31/2023-24, 32/2023-24 dated.04-09-2023 duly approved by the respondents forthwith, pending disposal of the main writ petition. Counsel for the Petitioner: 1.DURGA MAHINDRA PONNAM Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO. 10718 of 202fi ORDER: The present writ petition is filed questioning the action of the respondents in not paying the amount of Rs.9,10,899/- inspite of the fact that the petitioner has successfully completed the execution of the work i.e., O and M repairs and removal of weed on Nos.1 to 3 of Suddapalli Major Distributaries of Guntur Channel for the year 2023- 2024 (second call). r 2. It is the case of the petitioner that pursuant to the agreement, dated 04.09.2023, he has completed the above mentioned work and despite the completion of the same, the said amount is not released. 3. When the matter is taken up for hearing, learned Assistant Government Pleader for Irrigation placed instructions/letter, dated 17.07.2025 furnished by the 5^^ respondent. On perusal of the said letter, it is stated that the first and final bills were prepared for an amount of Rs.9,10,999/- towards the payment of bills to the petitioner in respect of the above mentioned work. It is further stated in the instructions that the bills will be processed in CFMS immediately after release of letter of consent by the Government. 4. Having considered the instructions dated 17.07.2025 furnished by the 5*^ respondent, the present Writ Petition is disposed of directing the respondents to process the bill amount due to the petitioner and 4 t release the same within a period of six weeks from the date of receipt of the copy of the order. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// TlOffemCER SEC To, 1. The Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Amaravati, Guntur District. The Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravati, Guntur District. The Superintend Engineer, Irrigation Circle, Guntur 4. The District Collector, Guntur District. The Executive Engineer, Irrigation Division, Guntur. The Deputy Executive Engineer, Guntur Channel Sub Division, Guntur. One CC to Sri Durga Mahindra Ponnam, Advocate [OPUC] Two CCs to GP for Irri and CAD, High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies 2. 3. 5. 6. 7. 8. 9. TF 'll HIGH COURT DATED:24/07/2025 ORDER WP NO. 10718 OF 2025 0 5 m m m C9 . Current ^aeciion ^ DISPOSING OF THE W.P., WITHOUT COSTS