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High Court of Andhra Pradesh · body

2025 DAILYLAW 22759 (AP)

M/s. Venkateswara Constructions, v. The State of Andhra Pradesh,

WP/16241/2025 · 2025-07-24

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I \* ' % APHC010320312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS Pffv, 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: 16241 OF 2025 Between: M/s. Venkateswara Constructions, Rep. by its Managing Partner TV. Ramana Reddy, Aged about 54 years, Occ- Contractor, R/o.D.No.6-1-940-1, S.V. Estates, Beside IOC Petrol Bunk, Kovur Nagar, Anantapur, Anantapur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat Velagapudi, Guntur District. 3. The Chief Engineer (Projects) Anantapur, Anantapur District. 4. The Superintending Engineer, TBP HLC Circle District. 5. The Executive Engineer, DC Division, Anantapur, Anantapur District. ...Respondents of India praying that in the the High Court may be order or orders, more particularly in the nature of Writ of Mandamus in questioning the action of the Finance Water Resources Department, Anantapur, Anantapur Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, pleased to issue appropriate writ, direction. one respondents in not releasing bill payment for the work i.e. Chintarlapalli O.T at Km. 83.800 of PABR Right Canal for the estimated contract value of work of Rs.9,90,000/- in respect of the bill amount of Rs.9,53,359/- for the work executed by the petitioner despite the claim for the payment of bill amount is raised vide Token No.2021-1488133 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs.9,53,359/- towards the bill amount for the work executed by the petitioner. lA NO: 1 OF 207fi Restoration of 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 an amount of Rs.9,53,359/- towards bill amount for the works executed by the petitioner i Chintarlapalli O.T at Km. 83.800 of PABR Right Canal”, the Writ Petition. i.e., “Restoration of pending disposal of Counsel for the Petitioner: SRI K NAVEEN KUMAR Counsel for the Respondent Nos. 1, 3 to 5: GP FOR IRRI AND CAD Counsel for the Respondent No.2; GP FOR FINANCE & PLANNING The Court made the following order: APHC010320312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [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: 16241/2025 Between; 1.M/S. VENKATESWARA CONSTRUCTIONS REP. BY ITS MANAGING PARTNER TV. RAMANA REDDY, AGED ABOUT 54 YEARS, OCC- CONTRACTOR, R/O.D.NO.6-1-940-1, S.V. ESTATES, BESIDE IOC PETROL BUNK, KOVUR NAGAR, ANANTAPUR, ANANTAPUR DISTRICT. ) 1 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 3.THE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT, ANANTAPUR, ANANTAPUR DISTRICT. 4.THE SUPERINTENDING ENGINEER, TBP HLC CIRCLE, ANANTAPUR, ANANTAPUR DISTRICT. 5.THE EXECUTIVE ENGINEER, DC DIVISION, ANANTAPUR, ANANTAPUR DISTRICT. 2 TCD5,J W.P.No. 16241 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 tomay be pleased to issue appropriate writ, direction, order or orders, more particularly one in the nature of Writ of Mandamus in questioning the action of the respondents in not releasing bill payment for the work i.e.. Restoration of Chintarlapalli O.T at Km. 83.800 of PABR Right Canal for the estimated contract value of work of Rs.9,90,000/- in respect of the bill amount of Rs.9,53,359/- for the work executed by the petitioner despite the claim for the payment of bill amount is raised vide Token No.2021- 1488133 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs.9,53,359/- towards the bill amount for the work executed by the petitionerand pass lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to release an amount of Rs.9,53,359/- towards bill amount for the works executed by the petitioner i.e., “Restoration of Chintarlapalli O.T at Km. 83.800 of PABR Right Canal”, pending disposal of the Writ Petition and pass Counsel for the Petitioner: praying that in the 1.KNAVEEN KUMAR Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following; 3 TCDSJ W.P.No.16241 of 2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16241 of 2025 ORDER: The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs.9.53,359/- to the petitioner despite the work being completed i.e Restoration of Chintarlapalli O.T at Km.83.800 of PABR Right Canal”. 2. It is the case of the petitioner that the respondents have floated tender for execution of the said work in which the petitioner became the lowest bidder. It is the further case of the petitioner that he entered into agreement dated 15.12.2020 with respondent authorities. Thereafter, he has completed the said work within the stipulated time as per the agreement. It is the specific case of the petitioner that respondent authorities inspected the execution of work at regular intervals and after completion of the same, the respondent No.5 issued Quality Control Certificate dated 27.05.2021 after conducting checks and tests and the observations were also recorded in field register 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.9,53,359/- in favour of the petitioner. Questioning the said action, the present writ petition is filed. TCDSJ W.P.No.16241 of 2025 On the other hand, the learned Government Pleader for Irrigation would fairly submit that the petitioner has executed the above mentioned works and did not dispute the Quality Control Certificate dated 27.05.2021 issued by respondent No.5. He would further request this Court to pass appropriate orders by granting time to release the said amount in favour of the petitioner. 3. 4. Heard learned counsel for petitioner and learned Assistant Government Pleader for Irrigation and CAD. Perused the available on record. material 5. It is not in dispute that the petitioner has entered into agreement with the respondent authorities dated 15.12.2020 and he has completed the works i.e., “Restoration of Chintarlapalli O.T at Km.83.800 of PABR Right Canal”. Further on perusal of the Quality Control Certificate dated 27.05.2021, it is clear that the petitioner has 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 petitioner. 6. In view of the above, the Writ Petition is allowed and the respondents are directed to pay an amount of Rs.9,53,359/- to the petitioner 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 5 TCDSJ W.P.No.16241 of 2025 % component is concerned, the petitioner is at liberty to take steps available under law. No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Guntur District. 2. The Principal Secretary, Finance Department, Secretariat Velagapudi, Guntur District. 3. The Chief Engineer Projects, Water Resources Department, Anantapur, Anantapur District. 4. The Superintending Engineer, TBP HLC Circle, Anantapur, Anantapur District. 5. The Executive Engineer, DC Division, Anantapur, Anantapur District. 6. One CC to Sri K Naveen Kumar, Advocate [OPUC] 7. Two CCs to GP for Irri and CAD, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies TF HIGH COURT DATED:25/07/2025 ORDER WP NO. 16241 OF 2025 1 “I AUG 2025 )g ^sCigrent Stc^ojjy^^ ALLOWING THE W.P. WITHOUT COSTS