APHC010326972525 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16634 OF 2025 Between; ^ M/s Gayatri Construction, Rep. its Managing Partner Chellingi Bala Subramanayam, S/o BalaSubram District, Eerstwhile East Godavari District. age 51 years Ravulapalem (V) Konaseema ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and Water Resource Department, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 3. The Commissioner, CADA, Water Resource Department, Vijayawada NTR District. 4. The District Collector, SPSR Nellore District at Nellore 5. The Superintendent Engineer, (WRD), Nellore, SPSR Nellore District. 6. Trie Executive Engineer WRD, Nellore South Division Nellore District. A.P. Secretariat Building Finance Gudur, SPSR ...Respondents praying that in the circumstances stated in the affidavit filed therewith, the High Court may be Petition under Article 226 of the Constitution of India pleased to issue an appropriate writ, order or direction more particularlyone in the nature of Writ of Mandamus declaring the action of the respondentsin not releasing the payments for the contract work executed by the petitioner for providing O&M- Category A-2020-21- Desilting of Supply Channel And Leading Channel of Ramireddy Tank At Unuguntapalem Village Of Kota Mandal In SPSR Nellore District” through the Agreement No. 46DN/2020-21 dated 19.11.2020 for an amount of Rs. 4,14,295/-, 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. 4,14,295/- with 18% Per annum to the petitioner in respect of the execution of aforementioned work forthwith. 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 respondent authorities to release the bill amount of Rs. 4,14,295/- with interest at 18% for the work executed by the petitioner for providing “O & M- Category A-2020-21-Desilting Of Supply Channel And Leading Channel Of Ramireddy Tank At Unuguntapalem Village Of Kota Mandal In SPSR Nellore District” through the Agreement No. 46DN/2020-21 dated: 19.11.2020 for an amount of Rs. 4,14,295/-. Counsel for the Petitioner: SMT. MARELLA RADHA Counsel for the Respondent Nos. 1,3 to 6: GP FOR IRRIGATION & COMM AREA DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following order: 0^. APHC010326972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16634/2025 Between: 1.M/S GAYATRI CONSTRUCTION,, REP. ITS MANAGING PARTNER CHELLINGI BALA SUBRAMANAYAM S/0 BALASUBRAM, AGE 51 YEARS RAVULAPALEM (V) KONASEEMA DISTRICT EERSTWHILE EAST GODAVARI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCE DEPARTMENT BUILDING, VELAGAPUDI, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. A.P. SECRETARIAT 3.THE COMMISSIONER, CADA, WATER RESOURCE DEPARTMENT, VIJAYAWADA, NTR DISTRICT. 4.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AT NELLORE' n m 5.THE SUPERINTENDENT ENGINEER, (WRD), NELLORE SPSR NELLORE DISTRICT. 6.THE EXECUTIVE ENGINEER WRD, NELLORE SOUTH DIVISION GUDUR, 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 tomay 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 respondents in not releasing the payments for the contract work executed by the petitioner for providing O and M- Category A- 2020-21- Desilting Of Supply Channel And Leading Channel Of RamireddyTank At Unuguntapalem Village Of Kota Mandal In SPSR Nellore District through the Agreement No. 46DN/2020- 21 dated 19.11.2020 for an amount of Rs. 4,14,295/-, 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. 4,14,295/- with ISpercent Per annum to the petitioner in respect of the execution of aforementioned work forthwith and to pass such lA NO; 1 OF 2025 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondent authorities to release the bill amount of Rs. ,14,295/- with interest at 18% for the work executed by the petitioner for providing “O & M- Category A-2020-21-Desilting Of Supply Channel And Leading Channel Of Ramireddy Tank At Unuguntapalem Village Of Kota Mandal In SPSR Nellore District” through the Agreement No. 46DN/2020- 21 dated: 19.11.2020 for an amount of Rs. 4,14,295/-, and to pass such Counsel for the Petitioner: Petition under Section 151 CPC 1.MARELLA RADHA Counsel for the Respondent(S): 1 -GP FOR IRRIGATION COMM AREA DEV 2.GP FOR FINANCE PLANNING The Court made the following order: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.16634 OF 2025 ORDER: - 1. The present Writ Petition is filed questioning the action of the respondents in not paying an amount to the petitioner despite completion execution of works of O & M - Category A-2020-21-Desilting of Supply Channel and Leading channel of Ramireddy Tank at Unuguntapalem Village of Kota Mandal in SPSR Nellore District. 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 No.46DN/2020-21, dated 19.11.2020 with respondent No.6. 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 No.7 inspected the execution of work at regular intervals and after completion of the same, the respondent No.6 issued Quality Control Certificate dated 25.03.2022 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 amount in favour of the petitioner. 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 petitioner has executed the above mentioned works and did not dispute the Quality Control Certificate dated 25.03.2022 issued by respondent No.6. He would further request this Court to pass appropriate orders by granting time to release the said amount in favour of the petitioner. Heard learned counsel for petitioner and learned 4. Assistant Government Pleader for Irrigation and CAD. Perused the material available on record. 5. 6. It is not in dispute that the petitioner has entered into agreement No.46DN/2020-21 with respondent No.6 dated 19.11.2020 and he has completed the works of O & M - Category A-2020-21-Desilting of Supply Channel and Leading channel of Ramireddy Tank at Unuguntapalem Village of Kota Mandal in SPSR Nellore District. Further on perusal of the Quality Control Certificate dated 25.03.2022, 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. 7. In view of the above, the writ petition is allowed and the respondents are directed to pay amount to the petitioner within a period of four (04) weeks from the date of receipt of the order. It is needless to mention that in so far as interest 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/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, irrigation and Water Resource Department, A.P. Secretariat Building, Veiagapudi, Amaravathi. 2. The Principal Secretary, Finance Department Veiagapudi, Amaravathi. 3. The Commissioner, CADA, Water Resource NTR District. 4. The District Collector, SPSR Nellore District at Nellore 5. The Superintendent Engineer, (WRD), Nellore, 6. The Executive Engineer WRD, Nellore District. A.P. Secretariat Building Department, Vijayawada, SPSR Nellore District. Nellore South Division Gudur, SPSR 7- One CC to Smt. Marella Radfia, Advocate [OPUCJ ' """""'""" 9. Two CCs to GP for Finance [OUT] 10. Two CD Copies & Planning. High Court of Andhra Pradesh TF HIGH COURT DATED:28/07/2025 ORDER WP NO. 16634 OF 2025 ALLOWING THE W.P. WITHOUT COSTS