IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE MS JUSTICE B. S. BHANUMATHI . WRIT PETITION NO: 12965 OF 2024 - Between: Sree Mandali Enterprises Partner, Sanaka Kota Venkata Renuka Ravi Vara Prasad S/o. Naga Basavaiah, Aged about 38 years, R/o. D.No.1-2 Nagayalanka Village and Mandal, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principle Secretary to Government Irrigation and CAD Water Resources Resources Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, rep. By its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 3. The District Collector, (Irrigation Wing) Machilipatnam, Krishna District. 4. The Engineer -in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, Krishna District. 5. The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada, N.T.R. District. 6. The Superintending Engineer, Irrigation And Water Resources Department, Irrigation Circle, Vijayawada, N.T.R. District. 7. The Executive Engineer, Irrigation and Water, Resources Department, Drinage Division, Gudivada, Krishna District. ...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 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.33,60,442/-, 1) Rs. 13,85,476/-, vide its Agreement No. 38/2023-24, for which the name of work was O And M to Removal of weed growth in Ratnacodu and new Erali drainage basins infall into Sea (in weed free condition) for the year 2023- 24, 2) Rs. 5,16,978/-, vide its Agreement No. 30/2023-24, for which the name of work was O And M to Removal of weed growth in Ampapuram UT medium drain and its infalling minor drains for the year 2023-24, 3) Rs. 8,54,232/-, vide its Agreement No. 31/2023-24, for which the name of work was O And M to Removal of weed growth in Atkuru UT medium drain and its infalling minor drains for the year 2023-24, 4) Rs. 2,01,054/-, vide its Agreement No. 45/2023-24, for which the name of work was O And M to Removal of weed growth in minor drains ( in weed free condition infalling in to Krishna river in mopidevi mandal for the year 2023- 24, 5) Rs. 4,02,702/-, vide its Agreement No. 42/2023-24, for which the name of work was O And M such as Removal of weed growth in Bandirevu codu medium drain and infalling minor drains (in weed free condition) for the year 2023-24, for which the total amount was Rs. 33,60,442/-, for the completion of O And M 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. 33,60,442/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith. / r lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents releasing the Final Bill amount of Rs. 33,60,442/-, for execution of completion of O&M works under Irrigation Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition. "" Counsel for the Petitioner : SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondent Nos.1, 3 to 7 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010261362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0E0 0;:^ [3311] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 12965/2024 Between: Sree Mandali Enterprises Partner ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: 2 W.P.No.12965 of 2024 ORDER: This writ petition is filed 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.33,60,442/-, 1) Rs. 13,85,476/-, vide its Agreement No.38/2023-24, for which the name of work was "O&M to Removal of weed growth in Ratnacodu and new Erali drainage basins infall into Sea (in weed free condition) for the year 2023-24", 2) Rs.5,16,978/-, vide its Agreement No. 30/2023-24, for which the name of work was "O&M to Removal of weed growth in Ampapuram UT medium drain and its infalling minor drains for the year 2023-24", 3) Rs.8,54,232/-, vide its Agreement No.31/2023-24, for which the name of work was "O&M to Removal of weed growth in Atkuru UT medium drain and its infalling minor drains for the year 2023-24", 4) Rs.2,01,054/-, vide its Agreement No. 45/2023-24, for which the name of work was "O&M to Removal of weed growth in minor drains (in weed free condition) infalling in to Krishna river in Mopidevi Mandal for the year 2023-24", 5) Rs.4,02,702/-, vide its Agreement No.42/2023-24, for which the name of work was "O&M such as Removal of weed growth in Bandirevu codu medium drain and infalling minor drains (in weed free condition) for the year 2023-24", for which the total amount was Rs.33,60,442/-, for the completion of O&M 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 3 W.P.No.12965 of 2024 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.33,60,442/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner...” 02. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends that such non payment of money is clearly arbitrary and high-handed, requiring the interference of this Court. On the other hand, the learned Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer (FAC), Drainage Division, Gudivada, vide Letter Court Cases/122'^, dated 20.01.2025. He further submitted that the bills are pending for release of LOC. 03. No.EE/DRG/GDV/AB/A4/ In view of the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation, this Writ Petition is allowed with a direction to the respondents to release the amount of Rs.33,60,442/- (Thirty Three Lakh Sixty Thousand Four Hundred Forty Two Rupees only) to the petitioner, as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within a period of two (02) months from the date^of receipt of a copy of this order. However, if the petitioner is entitled to any higheramount, the 04. 4 W.P.No.12965 of 2024 same shall also be paid as per the entitlement. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. 05. Sd/- V SAVITHR! GOWRI ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To. The Principle Secretary to Government Irrigation and CAD Water Resources Resources Department, State of Andhra Pradesh, Rep by its Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The District Collector, (Irrigation Wing) Machilipatnam, Krishna District. The Engineer -in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, Krishna District. The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada, N.T.R. District. The Superintending Engineer, Irrigation And Water Resources Department, Irrigation Circle, Vijayawada, N.T.R. District. The Executive Engineer, Irrigation And Water, Resources Department, Drinage Division, Gudivada, Krishna District. One CC to Sri Annamneedi Balakrishna, Advocate [OPUC] Two CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh. [OUT] 10.Two CCs to GP Finance & Planning, High Court of Andhra Pradesh. [OUT] 1. 2. 3. 4. 5. 6. 7. 8. 9. 11. Three C.D. Copies. Cnr w HIGH COURT DATED:27/01/2025 ORDER 2 I MAR 2025 ^ ^ . Current Section . ^ *■.. ,■' WP.No.12965 of 2024. ALLOWING THE W.P. WITHOUT COSTS