EfE± APHCO10206822025 HL!jE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PET-ITION NO'| 10798 OF 2025 Betwee n : sK Rahamthulla, Contractor, S/o. Sk. Masthan Saheb, R/o. Flat No. 3, B Haripriya Towers, Road No. 4, Magunta Layout, 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, Irr-lgation C-IrCle, Nellore, SPSR Nellore District. 5. The Executive Engineer, W.R.D., Nellore Central Division, Nellore, SPSR Nellore District. 6. The Deputy Executive Engineer, T.G.P.O.C., Sub-Division, Kaluvoya SPSR Nellore District. ...Respondents + --I+ 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 or order or a direction more particularly one jn rthe nature. of writ of Mandamus declaring the action of the respondents, in non-payment of amount due to me even after finalizing the bills,I payabI? to me in relation to the works executed by them under Removal of weed (water Hyacinth) and silt the bed of Pyderu low level and Pyderu high levelchannel ill Kodavalur (M) of SPSR Nellore District vide Agreement No. 50/O ahd M/DN/2019-20 Agt. value is Rs.9,34,736/-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. lANO: 1 OF2025 Petition under Section 151 CPC praying that in the circumstances stated i.n the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the payment of amount payable to the petitioner "Removal of weed (water Hyacinth) and silt the bed of Pyderu low level & Pyderu high level channel in Kodavalur (M) of SPSR Nellore District vide Agreement No. 50/0&M/DN/2019-20 Agt. value is Rs.9,34,736/-" immediately pending disposal of the above writ petition. Counsel for the petitioner: c VAMSI KR[SHNA Counsel for the Respondent Mos.2 to 6: GP FOR [RRI AND CAD Counsel for the Respondent No.1 : G,P FOR FINANCE PLANNING The court made the followl-ng order.- APHCO10206822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10798/2025 [3505] Between: 1.SK RAHAMTHULLA, CONTRACTOR, S/O. SK. MASTHAN SAHEB, R/O. FLAT NO. 3, B HARIPRIYA TOWERS, ROAD NO. 4, MAGUNTA LAYOUT, SPSR NELLORE DISTRICT ANDHRA PRADESH H.PETITIONER AND. I 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUD' AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDl, AMARAVATI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 4.THE SUPERINTENDENT OF ENGINEER, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE D.lSTRICT. 5.THE EXECUTIVE ENGINEER, W.R.D., NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 2 TCDS,I W.P.No.I.O798 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 {herewith, the High Court may be pleased topleased 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 {o the works executed by them under Removal of weed (water Hyacinth) and silt the bed of Pyderu low level and Pyderu high levelchannel in Kodavalur (M) of SPSR Nellore District vide Agreement No. 50/O and M/DN/2019-20 Ag{. value is Rs.9,34,736/-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 iANO: 1 OF2025 P.etition 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 direct the respondents to consider the payment of amount payable {o the petitioner "Removal of weed (water Hyacinth) and silt the bed of Pyderu low level & Pyderu high level channel in Kodava'ur (M) of SPSR NeIIore District vide Agreement No. 50/O&M/DN/2019-20 Agt. value is Rs.9,34,736/-" immediately pending disposal of the above writ petition and to pass Counsel for the petitioner: 1.C VAMSI KRISHNA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: J'{# _ I TC DS,J W.P-No.10798 of 2025 THE HONOURABLE SRI JUSTICE I.C.D.SEKHAR WRIT PETITION NO: 10798 of 2025 ORDER: The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs.9,34,736/- to the petitioner despite completing execution of work under ltRe'moval of weed (water Hyacinth) and silt the bed of Pyderu low level & Pyderu high level channel in Kodavalur Mandal of SPSR Nellore District". 2. lt 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. lt is the further case of the petitioner`that he entered into agreement dated 15.10.2019 with respondent No.6. Thereafter, he has completed the said work within the stipulated time as per the agreement. lt is the specific case of the petitioner th-at 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 '10.02.2020 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 4 TCDS,J W.P-No-10798 of 2025 amount of Rs.9,34,736/- in favour of the petitioner. Questioning the said action, the present writ petition is filed. 3. On the other hand, the learned Government PIeader for Irrigation would fairly submit that the pe{i{ioner has executed the above mentioned works and did not dispute the Quality Control Certificate dated 10.02.2020 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 Governmerlt` Pieader for irrigation and CAD. Perused the material available on record. 5. lt is not in dispute that the petitioner has entered into agreement with respondent No.6 dated 15.10.2019 and he has completed the works under ff Removal of weed (water Hyacinth) -and silt the bed of Pyderu low level & Pyderu high level channel in Kodava'ur Mandal of SPSR Nellore District". Further on perusal of the Quality Control Certificate dated 10.02.2020, it is clear that the petitioner has executed the same to the satisfaction of the respondents. ln 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. 4F`--_a I jl) To, 5 TCDS,I W.P.No-10798 of 2025 6. ln view of the above, the writ petition is allowed and the respondents are directed to pay an amount of Rs.9,34,736/- to the Petitioner Within a Period Of Six (06) weeks from the date of receipt of the order. l{ l's needless to mention that in so far as interest i 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. //TRUE COPY// DEsPEU:Tar:cR:AfRRP JJ,J 1 The prlnc[paI Secretary, Department of FInanCe and Plannlng, secretariat BuildI-ngS, Velagepudi AmaravatI-, Guntur DI'StriCt. 2. The principal Secretary, Irrlgation and command Area Development Department, secretariat BuildI'ngS, Velagapudl-, Amaravati, Guntur District. 3. The Distrl'ct collector, NeIIore, spsR Nellore District. 4. The superl-ntendent of Engineer, lrrjgatl'on clrcle, Nellore, spsR Nellore District. 5. The Executl-ve Engineer, w.R.D., Nellore central Divl-sl'on, Nellore, SPSR Nellore Djstrjct. 6 The Deputy Executlve Englneer, T G P O C , Sub-DIVISIOn, Kaluvoya spsR NeIIore Dl'strl-ct. [1 to 6 by RPAD] 7. One cc to sri. c vamsl- KrllShna, Advocate [opuc] 8. Two cos to GP FOR IRRI AND CAD High court of Andhra pradesh [OUT] 9. Two cos to GP For FI-nance PlannI-ng, High court of Andhra pradesh [OUT] 10.Two cD Copies. AL (gsg) HIGH COURT DATED: 16/07/2025 ORDER WP NO.10798 OF 2025 -.` `'li,i / T ,¢ ,7 _a 1.) . ALLOWING THE `W.P. WITHOUT COSTS I Lie `,