APHC010307772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15547 OF 2025 Between; 1. Sri Syed Shajahan, S/o. S.M.Bhasha, Age 50 years, R/o. 23-2-13, Ramesh Reddy Nagar, SPSR Nellore District, Andhra Pradesh. 2. Sri Shaik Rasool, S/o. SK. Kondapuram Mandal, SPSR Nellore District. BabuSaheb, Iskadamerla Village, ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Department of Finance and Planning, Velagapudi, Amaravathi Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Executive Engineer, Nellore Central Division, SPSR Nellore District. Secretariat, ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non- payment of amount of Rs. 18,64,115/- (Rupees Eighteen Lakhs Sixty Four Thousand One Hundred And Fifteen Only) due for the last five years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of work i.e., I.Maintenance of inspection path of ^ Ramachandrapuram village filed near Ramachandrapuram village in Nellore District, vide Agreement No. 287/O&M/DN/2019-20 dated 06.03.2020. II.Repairs to Bollaguntakalava from vavilla village to pyderu and leading channel of vavilla tank in vidavalurumandal of SPSR Nellore District. Agreement no.251/O&M/DN/2019- 2020.,duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to consider the payment of amounts of Rs. 18,64,115/- (Rupees Eighteen Lakhs Sixty Four Thousand One Hundred And Fifteen Only) due to the petitioner in respect of execution of said work executed by the Petitioner. Vidavalurumandal of SPSR lA 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 to direct the respondents to forthwith consider releasing the amounts 18,64,115/- (Rupees Eighteen Lakhs Sixty Four Thousand One Hundred And Fifteen Only) payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioners: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent Nos. 2 & 3: GP FOR IRRI AND CAD Counsel for the Respondent No.1: GP FOR FINANCE & PLANNING The Court made the following order: APHC010307772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15547/2025 Between; 1.SYED SHAJAHAN, S/0. S.M.BHASHA, AGE 50 YEARS, R/O. 23-2- 13, RAMESH REDDY NAGAR, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 2..SRI.SHAIK RASOOL, ISKADAMERLAVILLAGE,KONDAPURAMMANDAL, NELLORE DISTRICT. S/O.SK.BABUSAHEB, SPSR ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE EXECUTIVE ENGINEER, NELLORE CENTRAL DIVISION, SPSR NELLORE DISTRICT. ...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 topleased to issue a writ, order or direction more particularly 2 TCDSJ W.P.No.lS547of2025 one in the nature of WRIT OF MANDAMUS declaring theaction of the respondents in non-payment of amount of Rs. 18,64,115/- (Rupees Eighteen Lakhs Sixty Four Thousand One Flundred And Fifteen Only) due for the last five years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of work i.e.,I.Maintenance of inspection path of Ramachandrapuram village filed near Ramachandrapuram village in Vidavalurumandal of SPSR Nellore District.vide Agreement No. 287/0 and M/DN/2019-20 dated 06.03.2020.II.Repairs to Bollaguntakalava from vavilla village to pyderu and leading channel of vavilla tank in vidavalurumandal of SPSR Nellore District.Agreement no.251/0 and M/DN/2019-2020.,duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to consider the payment of amounts of Rs. 18,64,115/- (Rupees Eighteen Lakhs Sixty Four Thousand One Flundred And Fifteen Only) due to the petitioner in respect of execution of said work executed by the Petitioner and to pass lA 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 Fligh Court may be pleased pleased to direct the respondents to forthwith consider releasing the amounts 18,64,115/- (Rupees Eighteen Lakhs Sixty Four Thousand One Flundred And Fifteen Only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP FORIRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: 3 TCDS.J W.P.N0.15S47 of 2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15547 of 2025 ORDER: The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs. 18,64,115/- to the petitioners despite the work being completed i.e maintenance of inspection path of Ramachandrapuram village, Vidavaluru Mandal SPSR Nellore District and repairs to Bollaguntakalava from vavilla village to Pyderu and leading channel of Vavilla tank in Vidavaluru Mandal, SPSR Nellore District. It is the case of the petitioners that the respondents have 2. floated tenders for execution of the said works in which the petitioners became the lowest bidders. It is the further case of the petitioners that they entered into agreement dated 09.06.2023 with respondent No.3. Thereafter, they have completed the said works within the stipulated time as per the agreement. It is the specific case of the petitioners that respondent No.3 inspected the execution of work at regular intervals and after completion of the same, the Deputy Executive Engineer issued Quality Control Certificates dated 12.01.2021 and 06.07.2020 respectively, after conducting checks and tests and the observations were also recorded in field register 4 TCDS,J W.P.No.l5547ot202S and the same was found satisfactory based on the field tests carried out. Despite the same, the respondents did not release the said amount of Rs.18,64,115/- in favour of the petitioners. Questioning the said action, the present writ petition is filed. 3. On the other hand, the learned Government Pleader for Irrigation would fairly submit that the petitioners have executed the above mentioned works and did not dispute the Quality Control Certificates dated 12.01.2021 and 06.07.2020 issued by the Deputy Executive Engineer. He would further request this Court to pass appropriate orders by granting time to release the said amount in favour of the petitioners. 4. Heard learned counsel for petitioners and learned Assistant Government Pleader for Irrigation and CAD. Perused the material available on record. 5. It is not in dispute that the petitioners have entered into agreement with respondent No.3 dated 09.06.2023 and they have completed the works i.e., maintenance of inspection path of Ramachandrapuram village, Vidavaluru Mandal, SPSR Nellore District and repairs to Bollaguntakalava from Vavilla village to Pyderu and leading channel of Vavilla tank in Vidavaluru Mandal, SPSR Nellore District. Further on perusal of the Quality Control Certificates 5 TCDSJ W.P.N0.1SS47 of 2025 dated 12.01.2021 and 06.07.2020, it is dear that the petitioners have executed the same to the satisfaction of the respondents. In 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 petitioners. In view of the above, the Writ Petition is allowed and the 6. respondents are directed to pay an amount of Rs.18,64,115/- to the petitioners within a period of six (06) weeks from the date of receipt of the order. It is needless to mention that in so far as interest component is concerned, the petitioners are at liberty to take steps available under law. No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR ^ECTI^^OFFICER //TRUE COPY// To, 1. The Principal Secretary to Government, Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi Guntur District. 2. The Principal Secretary to Government, Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Executive Engineer, Nellore Central Division, SPSR Nellore District. 4. One CC to Sri Devasri Roshan Kancharla Advocate [OPUC] 5. Two CCs to GP for Irri and CAD, High Court of Andhra Pradesh[OUT] 6. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 7. Two CD Copies TF HIGH COURT DATED:25/07/2025 ORDER WP NO. 15547 OF 2025 ^ M AUG 2025 ^ ^>>&grentSacti|o^ .Co ALLOWING THE W.P. WITHOUT COSTS