APHC010607772025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT:THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31333/2025 Between: 1. KCL - JCCG JOINT VENTURE,, HAVING ITS CORP. OFFICE AT KCL, 209, SAMUEL - 11, NR. GURUDWARA, S.G. HIGHWAY, THALTEJ, AHMEDABAD - 380 054 REP. BY ITS AUTHORISED SIGNATORY MR. KORADA RAJESH 1. THE STATE OF ANDHRA PRADESH, SECRETARY TO GOVERNMENT DEPARTMENT OF WATER RESOURCES, 4TH BLOCK, 1ST FLOOR. ROOM NO 216, SECRETARIAT BUILDINGS, AMARAVATI. 2. THE ENGINEER IN CHIEF AW, CHAIRMAN, STATE LEVEL STANDING COMMITTEE, VIJAYAWADA 3. THE CHIEF ENGINEER, POLAVARAM IRRIGATION PROJECT, DOWALAISWARAM 4. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, P.I.P.L.M.C. CIRCLE, TUNI. 5. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, P.I.P.L.M.C. DIV 6. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31333/2025 JCCG JOINT VENTURE,, HAVING ITS CORP. OFFICE AT KCL, 11, NR. GURUDWARA, S.G. HIGHWAY, THALTEJ, 380 054 REP. BY ITS AUTHORISED SIGNATORY MR. KORADA RAJESH ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF WATER RESOURCES, 4TH BLOCK, 1ST FLOOR. ROOM NO 216, SECRETARIAT BUILDINGS, AMARAVATI. THE ENGINEER IN CHIEF AW, CHAIRMAN, STATE LEVEL STANDING COMMITTEE, VIJAYAWADA - 520 001 THE CHIEF ENGINEER, POLAVARAM IRRIGATION PROJECT, DOWALAISWARAM - 533 125 THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, P.I.P.L.M.C. CIRCLE, TUNI. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, P.I.P.L.M.C. DIVISION 5, YELAMANCHILI THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT RC,J W.P.No.31333 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI JCCG JOINT VENTURE,, HAVING ITS CORP. OFFICE AT KCL, 11, NR. GURUDWARA, S.G. HIGHWAY, THALTEJ, 380 054 REP. BY ITS AUTHORISED SIGNATORY ...PETITIONER REP BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF WATER RESOURCES, 4TH BLOCK, 1ST FLOOR. ROOM NO 216, THE ENGINEER IN CHIEF AW, CHAIRMAN, STATE LEVEL THE CHIEF ENGINEER, POLAVARAM IRRIGATION PROJECT, THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, P.I.P.L.M.C. CIRCLE, TUNI. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT RC,J W.P.No.31333 of 2025 2 BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. BY ITS AUTHORISED SIGNATORY ...PETITIONER REP BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF WATER RESOURCES, 4TH BLOCK, 1ST FLOOR. ROOM NO 216, THE ENGINEER IN CHIEF AW, CHAIRMAN, STATE LEVEL THE CHIEF ENGINEER, POLAVARAM IRRIGATION PROJECT, THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, P.I.P.L.M.C. CIRCLE, TUNI. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT RC,J W.P.No.31333 of 2025 2 BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. R6 IS IMPLEADED AS PER THE COURT'S ORDER DT.22.12.2025 IN I.A.NO.04 OF 2025 ...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 toit is humbly prayed that this Honble Court may be pleased to issue any order or a direction or a writ more particularly one in the nature of writ of Mandamus and A Declare the actions of the respondents in threatening to close the agreement without any intimation, despite admitting that the land stretch between Km 165.150 and Km 165.249 has not been handed over, other hindrances have not been resolved and that the admitted certified bills remain unpaid, as illegal, arbitrary, unconstitutional, and contrary to the terms of the Contract dated 14.03.2005, as well as in violation of the provisions of the PS to APDSS and consequently, direct the respondents not to take any coercive steps including closure or termination of the said contract B Declare the actions of the respondents in not clearing the admitted outstanding dues amounting to Rs 29.5 crores along with interest as illegal, arbitrary unconstitutional, and contrary to the terms of the Contract dated 14.03.2005, as well as in violation of the provisions of the PS to APDSS and consequently, direct the respondents to forthwith clear the outstanding dues amounting to Rs 29.5 crores along with interest C Declare the actions of the respondents in issuing the proceedings dated 27.01.2026, more particularly respondent no .5, by which the request for extension of time to complete the contract was returned despite existence of admitted genuine difficulties as illegal, arbitrary, unconstitutional contrary to the Contract dated 14.03.2005 and consequently direct the respondent authorities to extend the time line to complete the contract till 31.12.2026 or alternatively direct the respondent authorities to reconsider the proposal seeking extension of time as explained in detail in the letter dated 27.01.2026 and also by considering clause 42.2.5 of the Contract D Pass such other order or orders as this Honble Court may deem fit proper in the circumstances of the case Prayer is amended as per the Court's Order dt.28.04.2026 in I.A.No.01 of 2026. 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 RC,J W.P.No.31333 of 2025 3 to direct the respondents not to take any coercive steps including termination or closure of the agreement dated 14.03.2005 pending the final disposal of the writ petition. IA NO: 2 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 clear the principal outstanding dues amounting to Rs. 29.5 crores forthwith pending the final disposal of the writ petition. IA NO: 3 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 Vacate the interim order dated: 13.11.2025 passed in I.A.N0.1 of 2025 in W.P. No.31333 of 2025 and dismiss the writ petition. IA NO: 4 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 allow the present Interlocutory Application and implead the Proposed Respondent as Respondent No. 6 in W.P. No. 31333 of 2025. IA NO: 1 OF 2026 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 amend the old prayer which reads as follows; “In view of the above, it is humbly prayed that this Hon'ble Court may be pleased to issue any order or a direction or a writ more particularly one in the nature of writ of Mandamus and A. Declare the actions of the respondents in threatening to close the agreement without any intimation, despite admitting that the land stretch between Km 165.150 and Km 165.249 has not been handed over, other hindrances have not been resolved and that the admitted certified bills remain unpaid, as illegal, arbitrary, unconstitutional, and contrary to the terms of the Contract dated 14.03.2005, as well as in violation of the provisions of the PS to APDSS and consequently, direct the respondents not to take any coercive steps including closure or termination of the said contract; B. Declare the actions of the respondents in not clearing the admitted outstanding dues RC,J W.P.No.31333 of 2025 4 amounting to Rs. 29.5 crores along with interest as illegal, arbitrary, unconstitutional, and contrary to the terms of the Contract dated 14.03.2005, as well as in violation of the provisions of the PS to APDSS and consequently, direct the respondents to forthwith clear the outstanding dues amounting to Rs. 29.5 crores along with interest: and C. Pass such other order or orders as this Hon'ble Court may deem fit proper in the circumstances of the case.” to this New prayer which reads as follows; “In view of the above, it is humbly prayed that this Hon'ble Court may be pleased to issue any order or a direction or a writ more particularly one in the nature of writ of Mandamus and A. Declare the actions of the respondents in threatening to close the agreement without any intimation, despite admitting that the land stretch between Km 165.150 and Km 165.249 has not been handed over, other hindrances have not been resolved and that the admitted certified bills remain unpaid, as illegal, arbitrary, unconstitutional, and contrary to the terms of the Contract dated 14.03.2005, as well as in violation of the provisions of the PS to APDSS and consequently, direct the respondents not to take any coercive steps including closure or termination of the said contract; B. Declare the actions of the respondents in not clearing the admitted outstanding dues amounting to Rs. 29.5 crores along with interest as illegal, arbitrary, unconstitutional, and contrary to the terms of the Contract dated 14.03.2005, as well as in violation of the provisions of the PS to APDSS and consequently, direct the respondents to forthwith clear the outstanding dues amounting to Rs. 29.5 crores along with interest: C. Declare the actions of the respondents in issuing the proceedings dated 27.01.2026, more particularly respondent no.5, by which the request for extension of time to complete the contract was returned despite existence of admitted genuine difficulties as illegal, arbitrary, unconstitutional contrary to the Contract dated 14.03.2005 and consequently direct the respondent authorities to extend the time line to complete the contract till 31.12.2026 or alternatively direct the respondent authorities to reconsider the proposal seeking extension of time as explained in detail in the letter dated 27.01.2026 and also by considering clause 42.2.5 of the Contract; D. Pass such other order or orders as this Hon'ble Court may deem fit proper in the circumstances of the case. IA NO: 2 OF 2026 RC,J W.P.No.31333 of 2025 5 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 amend the writ petition by adding paras no. 2A and 24A to 24C.9 in the writ petition. Counsel for the Petitioner: 1. D S SIVADARSHAN Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL 2. GP FOR FINANCE PLANNING The Court made the following: RC,J W.P.No.31333 of 2025 6 ORDER The instant writ petition initially was filed seeking a relief to declare the action of respondents in threatening to close the agreement without any intimation and later an additional relief was added challenging the proceedings dated 27.01.2026 whereby the request made by the petitioner for extension of time to complete the contract was rejected. 2. Sri Janak Rajapurohit, learned counsel, representing Sri D.S.Siva Darshan, learned counsel for the petitioner, after making submissions at length, came up with a proposal that the petitioner company is ready and willing to settle the issue amicably and walkout of the agreement subject to payment of all the amounts, which are specifically stated in the affidavit submitted across the bench and the said affidavit is taken on file. 3. Para-16 of page-8 of the said affidavit, which is sub-divided in to sub Paras (a) to (e) specifically states the amount due to the petitioner and the particulars of the writ petitions filed claiming the said amount including the present writ petition and the Contempt Cases filed by the petitioner complaining disobedience of the orders passed by the Courts ordering payment of the amounts. For expediency and clarity, clause (a) to clause (e) are extracted hereunder: RC,J W.P.No.31333 of 2025 7 “(a) IPC Bill No.100 for Rs.20,81,34,311/- and IPC Bill No.101 for Rs.4,47,17,871/-ordered to be paid by this Hon’ble Court in W.P.No.31333 of 2025, remain unpaid, necessitating the filing of Contempt Case No.752 of 2026. (b) Rs.4,44,16,824/- towards Labour Cess, ordered to be paid by this Hon’ble Court in W.P.No.3672 of 2021, remains unpaid, necessitating the filing of Contempt Case No.3848 of 2025. (c) Rs.1,99,52,238/- towards Mobilization Bank Guarantee, ordered to be returned by this Hon’ble Court in W.P.No.5939 of 2014, remains unreturned to date. (d) Bank Guarantees of Rs.5,56,25,000/-(Mobilization Advance: Rs.2,18,75,000/- and performance Security Rs.3,37,50,000/-) continued to be retained by the department (e) Retention money of Rs.9,53,06,959/- continues to be retained by the department.” 4. In response to the said proposal, the learned Advocate General submitted that the authorities would pay the legally entitled amount due covered under IPC Bill No.100 and IPC Bill No.101; Labour Cess and Mobilization Bank Guarantee covered under clause (a) to clause (c) within a period of four (04) weeks from the date of receipt of copy of the order and the Bank Guarantees covered under clause (d) and retention money covered under clause (e) shall be paid to the petitioner as per the terms of the agreement. 5. Learned counsel for the petitioner reported no objection for granting time as sought by the learned Advocate General. RC,J W.P.No.31333 of 2025 8 6. In view of the submissions made by learned counsel for both parties, since the contract was terminated upon mutually agreed upon terms this writ petition can be disposed of. 7. Accordingly, the Writ Petition is disposed of, directing the authorities to pay the amounts as per the timeline stated to above. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed and the interim orders, if any, shall stand vacated. ___________________________ JUSTICE RAVI CHEEMALAPATI 8TH May, 2026 RR