1 APHC010294312021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17320/2021 Between: 1. TALLURU VENKATESWARLU, , S/O. TALLURU VENKAIAH NAIDU, AGED ABOUT 48 YEARS, OCC- CONTRACTOR, R/O. 3-5-64, VENGAMAMBA CENTRE, SETTY GUNTA ROAD, LAKSHMI PURAM, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER, , SOMASILA PROJECT CIRCLE, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, , SOMASILA PROJECT DIVISION-II, NELLORE, SPSR NELLORE DISTRICT. 5. THE DIRECTOR, WORKS AND ACCOUNTS, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. ...RESPONDENT(S): 2 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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of net balance amount Rs.28,68,043/- vide CFMS ID number 2018- 2794599, Rs.14,38,078/- vide CFMS ID number 2018-1995212, Rs.15,35,409/- vide CFMS ID number 2018-2108026, Rs. 16,35,735/- vide CFMS ID number 2018-2281410 and Rs.27,18,998/- vide CFMS ID number 2018-2096315, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1). SP-BPRC-NCP- Construction of Protection wall in between Km 1.000 to 1.100 of Anumakondapalem Major (8R) Distributory, vide Agreement No.7SE/2018-19, dated 04.06.2018, 2). SP-BPRC-NCP- Construction of Sappata and formation of Jeep Track in between Km 8,400 to 9,300 of Brahmanakraka Major Distributory, vide Agreement No.53DN/ 2018- 19, dated 31-07-2018 3) SP-BPRC-NCP- Re construction 4L Minor of take sluice of Anumakondapalem Mahor Distributory, vide Agreement No.54DN/2018-19, dated 31.07.2018, 4). SP-BPRC-NCP- Providing Protection arrangements in between Km 0.100 to 0.700 of Anumakondapalem Major Distributory, vide Agreement No.50DN/2018-19, dated 31.07.2018, 5). SP-BPRC-NCP- Providing Protection walls from Km 3.045 to 3.192 of Thalamanchi Major Distributory, vide Agreement No.14SE/2018-19, dated 25.07.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.28,68,043/- vide CFMS ID number 2018-2794599, Rs.14,38,078/- vide CFMS ID number 2018-1995212, Rs.15,35,409/- vide CFMS ID number 2018-2108026, Rs.16,35,735/- vide CFMS ID number 2018-2281410 and Rs.27,18,998/- vide CFMS ID number 2018-2096315 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith IA NO: 1 OF 2021 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 please to direct the respondents to consider for payment of amount of Rs.28,68,043/- vide CFMS ID number 2018¬2794599, Rs.14,38,078/- vide CFMS ID number 2018-1995212, Rs.15,35,409/- vide CFMS ID number 2018- 2108026, Rs.16,35,735/- vide CFMS ID number 2018-2281410 and Rs .27,18,998/- vide CFMS ID number 2018-2096315 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1). SP-BPRC-NCP- Construction of Protection wall in between Km 3 1.000 to 1.100 of Anumakondapalem Major (8R) Distributory, vide Agreement No.7SE/2018-19, dated 04.06.2018, 2). SP-BPRC-NCP- Construction of Sappata and formation of Jeep Track in between Km 8,400 to 9,300 of Brahmanakraka Major Distributory, vide Agreement No.53DN/2018-19, dated 31.07,2018, 3). SP-BPRC-NCP- Re-construction 4L minor of take sluice of Anumakondapalem Mahor Distributory, vide Agreement No.54DN/2018- 19, dated 31.07.2018, 4), SP-BPRC-NCP- Providing Protection arrangements in between Km 0.100 to 0.700 of Anumakondapalem Major Distributory, vide Agreement No.50DN/2018-19, dated 31.07.2018, 5). SP-BPRC-NCP- Providing Protection walls from Km 3.045 to 3.192 of Thalamanchi Major Distributory, vide Agreement No.14SE/2018-19, dated 25.07.2018, forthwith, pending disposal of the Writ Petition IA NO: 1 OF 2022 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 pleased to vacate the interim orders dated 03-11-2021 in IA.No.1/2021 in WP.No.17320/2021 and pass Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 ORDER: Smt. M. Sumalatha, learned counsel appearing for the petitioner has submitted that no further orders are necessary in the present writ petition and that the matter has become infructuous. Recording this said submission, this writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :16.09.2025. Gss