Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 24080 (AP)

Sri. P. Sudarshan Reddy v. The State of Andhra Pradesh

WP/17266/2025 · 2025-08-17

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

0' APHC010339602025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) Ai ,'fe i O MONDAY, THE EIGHTEENTH DAY OF AUGUST^^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17266 OF 2025 (n ★ Between: Sri P. Sudarshan Reddy, aged 45 years, S/o. P. Sankara Reddy, D.No.6-46-1, Govindapalle village, Sirivella Mandal, Nandyal District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Secretary and CAD Department (Water Resources Department), Buildings, Velagapudi, 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 Chief Engineer, Telugu Ganga Project, Srinivasa Nagar, Sarojini Devi Layout Tirupati, Andhra Pradesh -517507. 4. The Chief Engineer (Projects), Water Resources Department, 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. , Irrigation Secretariat Irrigation ...Respondents Petition under Article 226 of the Constitution of India praying that in the circurnstances stated in the affidavit filed therewith, the High Court may be pleasl^f Ip issue appropriate Writ Order or direction more particularly one in the liatgre of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 16,90,817/- 17,62,952/- totaling an amount of Rs.34,53,769 (Thirty-four lakhs fifty-three thousand seven hundred sixty-nine rupees only) for the year 2023 even after finalizing the bills, payable to the petitioner in relation to the works (1.) Repairs and Restoration to the Branch Canal of 22 Block and TCP Block 23 Major Distributory from KM 0.000 to KM 1.100. (2.) Repairs and Restoration to the TCP Block No.22 Major Distributory from KM 3.550 to KM 10.525 as bad. Rs. illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.34,53,769 (Thirty-four lakhs fifty-three thousand hundred sixty-nine rupees only) forthwith release the payments of above bill seven a.mount along with 12 Percent 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.34,53,769 (Thirty-four lakhs fifty-three thousand seven hundred sixty-nine rupees only) release the payments of the bill 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 IRRI AND CAD Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING The Court made the following order: APHC010339602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] . MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17266/2025 Between; 1.SRI. P. SUDARSHAN REDDY. AGED 45 YEARS S/O. P. SANKARA REDDY. D.NO.6-46-1, GOVINDAPALLE VILLAGE, SIRIVELLA MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, (WATER RESOURCES DEPARTMENT), BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. IRRIGATION AND CAD DEPARTMENT SECRETARIAT 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. AMARAVATHI 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 9 DISTRICT. 6.THE EXECUTIVE ENGINEER, DEPARTMENT. T.G.P. DIVISION DISTRICT. WATER RESOURCES ALLAGADDA, NANDYAL ...RESPONDENT(S): Counsel for the Petitioner: 1 .THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1.GP FOR IRRI and cad 2.GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “ to issue 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. 16,90,817/- Rs. 17,62,952/- totalling an amount of Rs.34,53,769 (Thirty-four lakhs fifty-three thousand seven hundred sixty-nine rupees only) for the year 2023 even after finalizing the bills, payable to the petitioner in relation to the works (1.) Repairs and Restoration to the Branch Canal of 22 Block and TGP Block 23 Major Distributory from KM 0.000 to KM 1.100. (2.) Repairs and Restoration to the TGP Block No.22 Major Distributory from KM 3.550 to KM 10.525 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.34,53,769 (Thirty-four lakhs fifty-three thousand seven hundred sixty-nine rupees only) forthwith release the payments of above bill amount along with 12PERCENT interest...." 2. The petitioner was entrusted with the works of “Repairs and Restoration to the Branch Canal of 22 Block and TGP Block 23 Major Distributory from KM 0.000 to KM 1.100 vide agreement dated 22.05.2023 and “Repairs and Restoration to the TGP Block No.22 Major Distributory from KM 3.550 to KM 10.525 vide agreement dated 22.05.2023. After execution of the said works final bills for an amount ^ 1 of Rs.16,22,763/- and Rs.16,94,390/- have been prepared and submitted to the concerned for payment. As the payment of the said amount 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 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. 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. 5. On the other hand, learned Government Pleader admitted the amount payable to the petitioner as per the quality control certificates filed by the petitioner. 6. 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 5 « ' to the petitioner in accordance with the quality control certificates dated 22.11.2023 issued by the respondents within a period of four (4) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this 7. Writ Petition shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR / //TRUE COPY// / SECTION OFFICER To. The Secretary, Irrigation and CAD Department (Water Resources State of Andhra Pradesh, Secretariat Buildings, 1. Department) Velagapudi, Guntur District. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. The Chief Engineer, Telugu Ganga Project, Srinivasa Nagar, Sarojini Devi Layout Tirupati, Andhra Pradesh -517507. The Chief Engineer (Projects), Water Resources Department, Irrigation circle, Kurnool The Superintendent Engineer, Water Resources Department Irrigation Circle, Kurnool, Kurnool District. The Executive engineer. Water Resources Department, T.G.P. Division, Allagadda, Nandyal District. 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 Planning, High Court of Andhra Pradesh [OUT] 2. Amaravathi, 3. 4. 5. 6. 7. 8. 9. Two CD Copies 10. HIGH COURT DATED.'! 8/08/2025 \ ORDER WP NO. 17266 OF 2025 % 20 SEP 2025 eolt -t// Curreni section ^ DISPOSING THE WP WITHOUT COSTS