Extracted from the PDF above. The PDF is authoritative.
APHC010223982024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11132/2024 Between:
1. N VENKANNA, S/O N DEVAYYA, AGED ABOUT 56 YEARS, OCC CONTRACTOR,
R/O D-NO.1-135, BOBBARLANKA (V), ATREYAPURAM (M) EAST GODAVARI DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY,
IRRIGATION AND WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY TO THE FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR IRRIGATION WING, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 4. THE ENGINEERINCHIEF, MINOR/MAJOR IRRIGATION DEPARTMENT, IRRIGATION BHAVAN, VIJAYAWADA, EAST GODAVARI DISTRICT. 5. THE CHIEF ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT DOWLESWARAM, EAST GODAVARI DISTRICT. 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT,
IRRIGATION CIRCLE, TUNI,
2
KAKINADA DISTRICT. 7. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, PIPLMC DIVISION NO. I,
RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner:
1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR IRRIGATION COMM AREA DEV
3
The Court made the following 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 declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 12,38,995/- in respect of its Agreement No. 05 /22-23, for the work Annual Maintenance for Thota Venkatachalam Pushkara Lift Irrigation Scheme Main canal and distributaries from Km 0.000 to Km 38.600 for the year 2022-23 i.e., from the period of agreement to 31-05-2023, Vide M. Book No. 562 A, and Quality Control Certificate No. 59489, with interest of execution and completion of Irrigation works under Irrigation Department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 12,38,995/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass….”
2.
The petitioner was allotted the works for annual maintenance of the Thota Venkatachalam Pushkara Lift Irrigation Scheme Main Canal vide Agreement No.05/22-23 dated 31.05.2023. 3. The grievance of the petitioner is that instead of completing the said works and issuing a quality control certificate by the respondent authorities for a sum of Rs.9,11,365/-, the respondents have failed to pay the amount. 4. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Irrigation, and learned Assistant Government Pleader for Finance and Planning. 4
5. As the petitioner has filed the quality control certificate regarding the final amount of Rs.9,11,365/-, which was also admitted by the respondents, instead of keeping this writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing Respondent No.7 to make the payment of the said amount as per the quality control certificate issued by him on 28.02.2023, within a period of two months from the date of receipt of a copy of this order. 6. With the above observations, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA MH 05.08.2025
5
THE HONOURABLE SMT JUSTICE V.SUJATHA
94
WRIT PETITION NO: 11132/2024
MH 05.08.2025