APHC010337432025 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: 17418/2025 Between: 1.M DEVA DHEERAJ REDDY,, S/O.LVI SUKUMAR REDDY, AGED ABOUT 30 YEARS, OCC CONTRACTOR, R/O. FLAT NO.504, MARUTI GRAND APARTMENT, TEACHERS COLONY, MUSUNURU, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 4.THE EXECUTIVE ENGINEER, WRD, NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 5.THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.8,35,760/- vide M Book No. 230 NCC/20-21, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Maintenance of Existing Inspection Track from Graddaguntakalva fields near Graddagunta Village in Allur Mandal of SPSR Nellore District, vide Agreement No. 409 O and M/ DN/ 2020-21, dated 06.01.202lis questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.8,35,760/- vide M Book No. 230 NCC/20-21 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith IA 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 please to direct the respondents to pay for pa)mient of amount of Rs.8,35,760/- vide M Book No. 230 NCC/20-21 I H with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Maintenance of Existing Inspection Track from Graddaguntakalva fields near Graddagunta Village in Allur Mandal of SPSR Nellore District, vide Agreement No. 409 O&M/ DN/ 2020-21, dated 06.01.2021, forthwith, pending disposal of the Writ Petition Counsel for the Petitioner: 1.MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following order: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.17418 OF 2025 ORDER: - 1. The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs.8,35,760/- to the petitioner despite completion of works i.e., Maintenance of Existing Inspection Track from Graddaguntakalva fields near Graddagunta Village in Allur Mandal of 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.409 O&M/DN/2020- 21, dated 06.01.2021 with respondent No.4. 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.4 inspected the execution of work at regular intervals and after completion of the same, the respondent No.4 issued Quality Control Certificate dated 30.07.2021 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.8,35,760/- 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 30.07.2021 issued by respondent No.4. He would further request this Court to pass appropriate orders by granting time to release the said amount in favour of the petitioner. 4. Heard learned counsel for petitioner and learned Assistant Government Pleader for Irrigation and CAD. 5. Perused the material available on record. 6. It is not in dispute that the petitioner has entered into agreement No.409 O&M/DN/2020-21 with respondent No.4 dated 06.01.2021 and he has completed the works i.e., Maintenance of Existing Inspection Track from Graddaguntakalva fields near Graddagunta Village in Allur Mandal of SPSR Nellore District. Further on perusal of the Quality Control Certificate dated 30.07.2021, 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. 7. In view of the above, the Writ Petition is allowed and the respondents are directed to pay an amount of Rs.8,35,760 /- 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 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. _____________________ JUSTICE T.C.D. SEKHAR 28.07.2025 DR 94 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.17418 OF 2025 Date:28.07.2025 DR