APHC010206712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10889/2025 Between: 1. SRI. SHAIK RASOOL,, CONTRACTOR, S/O. SK. BABU SAHEB, R/O. ISKADAMERLA VILLAGE, KONDAPURAM MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, , NELLORE, SPSR NELLORE DISTRICT 4. THE SUPERINTENDENT OF ENGINEER, , IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 5. THE EXECUTIVE ENGINEER, W.R.D., NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 2 TCDS,J W.P.No.10889 of 2025 6. THE DEPUTY EXECUTIVE ENGINEER, T.G.P.O.C., SUB- DIVISION, KALUVOYA, SPSR NELLORE 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 or order or a direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents, in non-payment of amount due to me even after finalizing the bills, payable to me in relation to the works executed by them under Repairs to R/S bank and L/S bank of A channel at Guvvagunta Regulator near Talamanchi village inKodavalur (M) of SPSR Nellore District vide Agreement No. 249/OandM/DN/2019-20 Agt. value is Rs.6,45,739/- as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amount due to the petitioner in respect of execution of works forthwith 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 may be pleased to direct the respondents to consider the payment of amount payable to the petitioner "Repairs to R/S bank and L/S bank of A channel at Guvvagunta Regulator near Talamanchi village inKodavalur (M) of SPSR Nellore District vide Agreement No. 249/O&M/DN/2019-20 Agt. value is Rs.6,45,739/-" immediately pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. C VAMSI KRISHNA Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 TCDS,J W.P.No.10889 of 2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10889 of 2025 ORDER: The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs.6,45,739/- to the petitioner despite execution of work of Repairs to R/S bank and L/S bank of A channel at Guvvagunta Regulator near Talamanchi village in Kodavalur Mandal of SPSR Nellore District. 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 05.03.2020 with respondent No.6. 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.6 inspected the execution of work at regular intervals and after completion of the same, the respondent No.5 issued Quality Control Certificate dated 12.01.2021 after conducting checks and tests and the observations were also recorded in field register and the same was found satisfactory based on the field tests carried out. Despite the same, the respondents did not release the said amount of Rs.6,45,739/- in favour of the petitioner. Questioning the said action, the present writ petition is filed. 4 TCDS,J W.P.No.10889 of 2025 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 12.01.2021 issued by respondent No.5. He would further request this Court to pass appropriate orders by granting time to release the said amount in favour of the petitioner. 4. Heard learned counsel for petitioner and learned 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 agreement with respondent No.6 dated 05.03.2020 and he has completed the works of Repairs to R/S bank and L/S bank of A channel at Guvvagunta Regulator near Talamanchi village in Kodavalur Mandal of SPSR Nellore District. Further on perusal of the Quality Control Certificate dated 12.01.2021, 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. 6. In view of the above, the Writ Petition is allowed and the respondents are directed to pay an amount of Rs.6,45,739/- to the 5 TCDS,J W.P.No.10889 of 2025 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. _____________________ JUSTICE T.C.D.SEKHAR Date: 16.07.2025 sj 6 TCDS,J W.P.No.10889 of 2025 110 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10889 of 2025 Date: 16.07.2025 sj