APHC010314172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE*^ PRESENT 'honourable smt justice V.SUJATHA WRIT PETITION NO: 15973 OF 2025 >4 Between; Sri G. Adhi Narayana Reddy, S/o. G. Venkata Reddy, Flat.^o.401, Floor, Sai Apartments SBI Colony, Nandyal, Nandyal District..^ ...PETITIONER AND of Andhra Pradesh, Represented by its Secretary, Irrigation Department (Water Resources Department), Secretariat 1. The State and CAD Buildings, Velagapudi, Guntur District. Andhra Pradesh, Rep. by its Principal Secretary Department of Finance & Planning, Secretariat Buildings, Velagapudi 2. The State of Amaravathi, Guntur District. 3. The Chief Engineer, Telugu Ganga Project, Srinivasa Nagar, Sarojini Devi Layout, Tirupati, Andhra Pradesh -517507. 4. The Chief Engineer (Projects), Water Resources Department, Irrigation Circle, Kurnool. 5. The Superintendent Engineer, Water Resources Department, Irrigation Circle, Kurnool, Kurnool District. Executive Engineer, Water Resources Department, T.G.P. Division, Allagadda, Nandyal District. ©. The ...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 declaring the action of the Respondentsin withholding the payments of pending amounts of Rs. 12,93,342/- , Rs. 17,74,410/- & Rs. 17,75,020/- totalling an amount of Rs.48,42,772 /- (Rupees Forty-Eight Lakh Forty-Two Thousand Seven Hundred Seventy-Two Only) for the year 2023, even after finalizing the bills, payable to the petitioner in relation to the works (1.) Repairs and Restoration of 17L/2R 16R Sub-Minor Distributary Canals of T.G.P.Block No.37. (2.) Repairs and Restoration of 17L Sub-Minor Distributary Canal of T.G.P.Block No.37. (3.) Repairs and Restoration of T.G.P Block No.37 Major distributary Canal from Chainage Km. 2.925 to Km. 4.300 as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.48,42,772/- (Rupees fty-Eight Lakh Forty-Two Thousand Seven Hundred Seventy-Two Only,)^orthwith release the payments of above bill amount along with 12% interest. 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 release and pay the amounts of Rs.48,42,772/- (Rupees Forty-Eight Lakh Forty-Two Thousand Seven Hundred Seventy- Two Only) release the payments of the^ill amount along with 12% interest, pending disposal of the writ petition. Counsel for the Petitioner: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent Nos.1, 3 to 6: GP FOR IRRIGATION & CAD Counsel for the Respondent No.2:GP FOR FINANCE & PLANNING The Court made the following order: ■V APHC010314172025 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15973/2025 Between: 1.G ADHI NARAYANA REDDY, S/0. G. VENKATA REDDY, FLAT.NO.401,4TH FLOOR, SAI APARTMENTS SBI COLONY, NANDYAL, NANDYAL DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS SECRETARY, IRRIGATION AND CAD DEPARTMENT (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE CHIEF ENGINEER, TELUGU GANGA PROJECT, SRINIVASA NAGAR, SAROJINI DEVI LAYOUT, TIRUPATI, ANDHRA PRADESH -517507. 4.THE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT IRRIGATION CIRCLE, KURNOOL. 5.THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT IRRIGATION CIRCLE, KURNOOL, KURNOOL * 2 \/S,} W.P.No.l5973of2025 J DISTRICT. 6.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, T.G.P. DIVISION, ALLAGADDA, NANDYAL 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.12,93,342/- , Rs. 17,74,410/- Rs. 17,75,020/- totalling an amount of Rs.48,42,772 /- (Rupees Forty-Eight Lakh Forty- Two Thousand Seven Hundred Seventy-Two Only) for the year 2023, even after finalizing the bills, payable to the petitioner in relation to the works (1.) Repairs and Restoration of 17L/2R 16R Sub-Minor Distributary Canals of T.G.P.Block No.37. (2.) Repairs and Restoration of 17L Sub-Minor distributary Canal of T.G.P.Block No.37. (3.) Repairs and Restoration of T.G.P Block No.37 Major distributary Canal from Chainage Km. 2.925 to Km. 4.300 as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.48,42,772/- (Rupees Forty-Eight Lakh Forty-Two Thousand Seven Hundred Seventy-Two Only) forthwith release the payments of above bill amount along with 12PERCENT interest and 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 High Court may be pleased pleased to direct the respondents to release and pay the amounts of Rs.48,42,772/- Thousand Seven Flundred Seventy- Two Only) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition and pass Counsel for the Petitioner: (Rupees Forty-Eight Lakh Forty-Two 1 .THATHIREDDY ASHOK SRIVASTAVA 3 VS,J W.P.No.15973 of2025 Counsel for the Respondent(S); 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: VS,J W.P.No.l5973of2025 ORDER: The petitioner has been awarded the execution of works under the Irrigation department in Kurnool District. After execution of the said final bill was prepared for a sum of Rs.12,93,342/-, 1. contract, a 17,74,410/- and 17,75,020/- as per the sanctioned orders confirming the respondents also issued quality control certificates to a tune of Rs.12,42,949/-, 17,05,582/- and 17,06,179/-. As the payment of the said amounts have not been made by the respondents, the petitioner has same. approached this Court by way of this writ petition. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high handed requiring the interference of this Court. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. On the other hand, learned Government Pleader for Irrigation as well as Finance & Planning, on oral instructions, has stated that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the 2. 3. 4. 5 VS,J W.P.No.15973 of2025 if'' bills will be paid to the petitioner, however, to the petitioner as per the quality control filed by the petitioner to 17,06,179/-. S' admitted the amounts payable certificates dated 15.11.2023 a tune of Rs. 12,42,949/-, 17,05,582/- and 5. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amounts to the petitioner in accordance with the quality control certificates dated 15.11.2023 issued by the respondents admitted within a period of five (05) months from the date of receipt of a copy of this order. There shall be no order as to costs. 6. Consequently, Miscellaneous Petitions, if Petition shall stand closed. any, pending in this Writ RAO ACHARI assistant regS^' //TRUE COPY// To 1. The Secretary, Irrigation and CAD Department (Water Resources Department), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Principal Secretary, Department Andhra Pradesh, Secretariat Guntur District. 3. The Chief Engineer, Telugu Ganga Project Devi Layout, Tirupati, Andhra Pradesh of Finance & Planning, State of Buildings, Velagapudi Amaravathi, , Srinivasa Nagar, Sarojini -517507. :K 4. The Chief Engineer (Projects), Water Resources Department, Irrigation Circle, Kurnool. 5. The Superintendent Engineer, Water Resources Department, Irrigation Circle, Kurnool, Kurnool District. 6. The Executive Engineer, Water Resources Department, T.G.P. Division, Allagadda, Nandyal District. 7. One CC to Sri Thathireddy Ashok Srivastava, Advocate [OPUC] Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. 8. 9. ssb HIGH COURT ‘S’ / DATED:03/09/2025 ORDER WP No. 15973 OF 2025 I 2 3 SEP 2025 i ^ . Current section ^ disposing of the w.p. WITHOUT COSTS