APHC010321892024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0f r TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 16560 OF 2024 ^ Between: G. Sudharasna Rao, S/o. Krishna Rao, aged 50 Village, Amadalavalasa Mandal Srikakulam District. years, R/o. Cheemalavalasa ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, A.P Secretariat Building, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep, by its Principal Secretary Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 3. The District Collector, Srikakulam, Srikakulam District. 4. The Chief Engineer, Irrigation Circle, Vijayawada 5. The Superintending Engineer Irrigation Srikakulam, Srikakulam District. 6. The Executive Engineer (W. R. Dept), Irrigation Division Srikakulam District. Irrigation Krishna District. Circle, (Irrigation Circle) , Srikakulam, ...Respondents Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, pleased to issue an appropriate writ, order in the nature of Writ of Mandamus declaring the not releasing the payments for the work executed by the petitioner under praying that in the the High Court may be or direction more particularly one action of the respondents in the , Scheme O and M (Operation and Maintenance) Repairs Providing Execution of Works i) Desilting to branch channels in WUA, Balaga limits in Srikakulam District through the Agreement No.07/2022-23 dated 08,04.2022 for an amount of Rs.7,05,827/- ii) O & M to Burada Gedda channel, Mirisibatti, Podali main channel. Konthali high level channel, Dharamavaram Kammapetachaneel and KobbaripattichannelinHonjaram, Vasudevapatnam Podali Kinthali dharmavaram, Kammpeta and Ramajogipeta Village limits sunder Narayanapuram Anicut project committee in Santhakaviti, Ponduru and Etcherla Mandal Limits of Srikakulam District through the Agreement No.05/2022-23 dated 04.04,2022 for an amount of Rs. 11,84,113/- iii) O & M Desilting to branch channels in WUA, Guttavalli limits in Burja Mandal of Srikakulam District through the Agreement No.06/2022-23 dated 08.04.2022 for an amount of Rs.7 81 026/- and totaling an amount of Rs.26,70,966/- and with 18% interest is illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently Direct the respondent authorities to release an amount of Rs 26,70, 966 with 18% Per annum to the petitioner in respect of the execution of aforementioned work forthwith. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities to release an amount of Rs.26,70,966/- with interest at 18% for the works executed by the petitioner under the Scheme O&M (Operation and Maintenance) Providing Execution of Works i) Desilting to branch channels in WUA, Balaga limits in Srikakulam District through the Agreement No.07/2022- 23 dated 08.04.2022 for an amount of Rs.7,05,827/- ii) O&M to Burada Gedda channel, Mirisibatti, Podali main channel, Konthali high level channel. Dharamavaram Kammapeta channel & Kobbaripatti channel in Honjaram, Vasudevapatnam, Podali, Kinthali, dharmavaram Kammpeta&Ramajogipeta Village limits sunder <% Narayanapuram Anicut project committee in Santhakaviti, Ponduru and Etcherla Mandal Limits of Srikakulam District through the Agreement No.05/2022-23 dated 04.04.2022 for an amount of Rs. 11,84,113/- iii) O&M Desilting to branch channels in WUA, Guttavalli limits in Burja Mandal of Srikakulam District through the Agreement No.06/2022-23 dated 08.04.2022 for an amount of Rs.7,81,026/- and totaling an amount of Rs.26,70,966/-. ."A Counsel for the Petitioner: Mrs. K.S.G. PADMAVATHI Counsel for the Respondent No.1 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.2 to 6 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT / ' The Court made the following order: APHC010321892024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16560/2024 Between: 1.G SUDHARASNA RAO, S/0. KRISHNA RAO, AGED 50 YEARS. R/0. CHEEMALAVALASA VILLAGE, AMADALAVALASA MANDAL SRIKAKULAM DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, A.P SECRETARIAT BUILDING, FINANCE DEPARTMENT, VELAGAPUDI, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH, REP, BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI,AMARAVATHI. 3.THE DISTRICT COLLECTOR, SRIKAKULAM, SRIKAKULAM DISTRICT. 4.THE CHIEF ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA KRISHNA DISTRICT. 5.THE SUPERINTENDING ENGINEER IRRIGATION CIRCLE IRRIGATION CIRCLE, SRIKAKULAM, SRIKAKULAM DISTRICT. 6.THE EXECUTIVE ENGINEER W R DEPT, IRRIGATION DIVISION, SRIKAKULAM, SRIKAKULAM DISTRICT. ...RESPONDENT(S): H 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payments for the work executed by the petitioner under the Scheme O and M (Operation and Maintenance) Repairs Providing Execution of Works i) Desilting to branch channels in WUA, Balaga limits in Srikakulam District through the Agreement No.07/2022-23 dated ‘ amount of Rs.7,05,827/- ii) O and M to Burada Gedda channel Podali main may be one 08,04.2022 for an Mirisibatti, channel. Konthali high level channel Dharamavaram Kammapetachaneel and KobbaripattichannelinHonjaram, Vasudevapatnam Podali Kinthali dharmavaram, Kammpeta and Ramajogipeta Village limits sunder Narayanapuram Anicut project committee in Santhakaviti, Ponduru and Etcherla Mandal Limits of Srikakulam District through the Agreement No.05/2022-23 dated 04.04,2022 for an amount of Rs.11,84,113/- iii) O and M Desilting to branch channels in WUA, Guttavalli limits in Burja Mandal of Srikakulam District through the Agreement No.06/2022-23 dated 08.04.2022 for an amount of Rs.7 81 026/- and totaling an amount of Rs.26,70,966/- and with 18 percent interest is illegal, arbitrary and contrary to law and violation of Article 14 of Constitution of India and consequently Direct the respondent authorities to release an amount of Rs 26,70, 966 with 18 percent Per annum to the petitioner in respect of the execution of aforementioned work forthwith and to un constitution and pass lA NO: 1 OF 2024 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 respondent authorities to release an amount of Rs.26,70,966/- with interest at 18% for the works executed by the petitioner under the Scheme O&M (Operation and Maintenance) Providing Execution of Works i) Desilting to branch channels in WUA, Balaga limits in Srikakulam District through the Agreement No.07/2022- 23 dated 08.04.2022 for an amount of Rs.7,05,827/- ii) O&M to Burada Gedda channel, Mirisibatti, Podali main channel, Konthali high level channel. Dharamavaram Kammapeta channel & Kobbaripatti channel in Honjaram Kammpeta&Ramajogipeta Village limits sunder Narayanapuram project committee in Santhakaviti. Ponduru and Etcherla Mandal Limits Srikakulam District through the Agreement No.05/2022-23 dated for an amount of Rs. 11,84,113/- iii) O&M Desilting to branch WUA, Guttavalli limits Vasudevapatnam, Podali. Kinthali. dharmavaram Anicut of 04.04.2022 channels in in Burja Mandal of Srikakulam District through the d 3 Agreement No.06/2022-23 dated 08.04.2022 for an amount of Rs.7,81,026/- and totaling an amount of Rs.26,70,966/- and to pass Counsel for the Petitioner: 1.K.S.G. PADMAVATHI Counsel for the Respondent(S): 1.GP FORIRRl AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: % 4 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “...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 not releasing the payments for the work executed by the petitioner under the Scheme O & M (Operation and Maintenance) Repairs Providing Execution of Works i) Desilting to branch channels in WUA, Balaga limits in Srikakulam District through the Agreement No.07/2022-23 dated 08.04.2022 for an amount of Rs.7,05,827/-, ii) O & M to Burada Gedda channel, Mirisibatti, Podali main channel, Konthali high level channel, Dharamavaram - kammapeta channel & Kobbaripatti Channel in Honjaram, Vasudevapatnam, Podali, Kinthali, Dharmavaram, Kammpeta & Ramajogipeta Village limits sunder Narayanapuram Anicut Project committee in Santhakaviti, Ponduru and Etcherla Mandal Limits of Srikakulam district through the Agreement No.05/2022-23 dated 04.04.2022 for an amount of Rs.11,84,113/-, iii) O & M Desilting to branch channels in WUA, Guttavalli limits in Burja Mandal of Srikakulam District through the Agreement No.06/2022-23 dated 08.04.2022 for an amount of Rs.7,81,026/- and totaling an amount of Rs.26.70.966/- and with 18% interest is illegal, arbitrary and contrary to law and unconstitutional and violation of Article 14 of Constitution of India and consequently direct the respondents authorities to release an amount of Rs.26,70,966/- with 17% per annum to the petitioner in respect of the execution of aforementioned works forthwith and pass such other order or orders ....” 2. The petitioner had been awarded the contract of works i.e., 1) Desilting to branch channels in WUA, Balaga limits in Srikakulam District, 2) O & M to Burada Gedda channel, Mirisibatti, Podali main channel, Konthali high level channel, Dharamavaram - Kammapeta channel & Kobbaripatti Channel in Honjaram, Vasudevapatnam, Podali, Kinthali, Dharmavaram, Kammpeta & Ramajogipeta Village limits sunder Narayanapuram Anicut Project committee in Santhakaviti, Ponduru and Etcherla Mandal Limits of Srikakulam district and 3) O & M Desilting to branch channels in WUA, Guttavalli limits in Burja 5 Mandal of Srikakulam District by the Water Resources Department. After execution of the aforementioned contract works, the respondents issued quality control certificates dated 06.08.2022, 14.06.2023 and 06.08.2022 for a sum of Rs.7,37,879/-, Rs.12,42,803/- and Rs.7,90,438/- respectively. As the payment of the said amounts has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 3. 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 amount, 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. 4. 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 Assistant Government Pleader on oral 5. instructions submits that the admitted amount payable to the petitioneras per the quality control certificates dated 06.08.2022, 14.06.2023 and 06.08.2022 for a sum of Rs.7,37,879/-, Rs.12,42,803/- and Rs.7,90,438/- respectively. He further submits 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 bills will be paid to the petitioner. 6 Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government 6. Pleader. 7. 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 amount to the petitioner in accordance with the quality control quality control certificates dated 06.08.2022, 14.06.2023 and 06.08.2022 for a sum of Rs.7,37,879/-, Rs.12,42,803/- and Rs.7,90,438/- respectively, issued by the respondents, within a period of three (3) months from the date of receipt of a copy of this order. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any amount which is due and payable, the same is binding upon both the parties. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. Sd/- KJ.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Finance Department, State of Andhra Pradesh, A.P Secretariat Building, Velagapudi, Amaravathi. 2. The Principal Secretary, Irrigation Department, State of Andhra Pradesh, A.P. Secretariat Building, Velagapudi, Amaravathi. 3. The District Collector, Srikakulam, Srikakulam District. 4. The Chief Engineer, Irrigation Circle, Vijayawada Krishna District. 5. The Superintending Engineer Irrigation Circle, (Irrigation Circle), Srikakulam, Srikakulam District. 6. The Executive Engineer (W. R. Dept), Irrigation Division, Srikakulam, Srikakulam District. 7. One CC to Mrs. K.S.G. Padmavathi, Advocate [OPUC] 8. Two CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] lO.Two CD Copies 'U/ Cnr FT'/ HIGH COURT DATED:02/09/2025 ORDER WP NO. 16560 OF 2024 -#10 SEP 2025 rS^o; n C/> O ^V^Uirrent SectijjjxV^^ DISPOSING OF THE W.P. WITHOUT COSTS