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'.1A I M APHC010345702024 IN THE HIGH COURT OF ANDHRA PR AT AMARAVATI (Special Original Jurisdiction) SMB MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHA^ WRIT PETITION NO: 17639 OF 2024 Between: Noti Bhargav, S/o. Ravindra Reddy, Aged about 33 Veedhi, Podalakur, Althurthi, Nellore, Andhra Pradesh. years, Chagam van ...PETITIONER- AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Water Source Department), Secretariat Building, Velagapudi, Guntur District.
2. The State of Andhra Pradesh, Rep. by its Principal Secretary (Finance and Planning), Secretariat Building, Velagapudi, Guntur District.
3. The District Collector, SPSR Nellore District, Nellore.
4. The Executive Engineer, W.R.D., Nellore Central Division, Nellore District.
5. The Deputy Executive Engineer, M.l Sub-Division, Podalakur, SPSR Nellore District.
6. The Assistant Executive Engineer, Telugu Ganga Project, M.l Section, No.1, Podalakur, SPSR Nellore District. (Cause Title is amended in Writ Petition and Affidavit
Order dated 01.05.2025 vide order passed in I.A.No.1 of 2025.) as per the Court’s ...RESPONDENTS
Petition under Article 2^of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in releasing the amounts after execution of works i.e., Repairs to Sluice No.1 of Ankupalli Ankamma Tank, Near, Ankupalli Village in Podalakur Mandal, SPSR Nellore District to an amount of Rs. 3,42,220/- as illegal, arbitrary, violative of Article 14,16 and 21 of Constitution of India and consequently direct the respondents to pay the said amounts forthwith to the petitioner.'^ 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 respondents to pay to the petitioner the amount of Rs.3,42,2201- towards the Repairs to Sluice No.1 of Ankupalli Ankamma Tank, Near, Ankupalli Village in Podalakur Mandal, SPSR Nellore District forthwith pending disposal of the writ petition. ^ Counsel for the Petitioner: SRI M. S. R. CHANDRA MURTHY ^ Counsel for the Respondent Nos.1, 3 to 6: GP FOR IRRIGATION &CAD Counsel for the Respondent No.2:GP FOR FINANCE AND PLANNING The Court made the following order:
APHC010345702024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3505] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17639/2024 Between: 1.NOTI BHARGAV,, S/0. RAVINDRA REDDY. AGED ABOUT 33 YEARS, CHAGAM VAN VEEDHl, PODALAKUR, ALTHURTHI. NELLORE, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SOURCE BUILDING, PRINCIPAL SECRETARY (WATER DEPARTMENT), VELAGAPUDI, GUNTUR DISTRICT. SECRETARIAT 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (FINANCE AND PLANNING), SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 4.THE EXECUTIVE ENGINEER, W.R.D., NELLORE CENTRAL DIVISION, NELLORE DISTRICT. n. 5.THE DEPUTY EXECUTIVE ENGINEER, M.l SUB DIVISION, PODALAKUR, SPSR NELLORE DISTRICT. 6.THE ASSISTANT EXECUTIVE ENGINEER, M.l SECTION, N0.1, PODALAKUR CAUSE TITLE IS AMENDED AS PER ORDER OF THE COURT DATED 01.05.2025 VIDE ORDER PASSED IN I.A.N0.1 OF 2025. SPSR NELLORE DISTRICT. ...RESPONDENT{S): Counsel for the Petitioner;
1.
M S R CHANDRA MURTHY Counsel for the Respondent{S);
1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following:
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17639 of 2024
ORDER:-
1. The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs.3,42,220/- to the petitioner despite completion execution of work of Repairs to Sluice No.1 of Ankupalli Ankamma Tank, Near Ankupalli Village in Podalakur Mandal, 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 dated 25.09.2021 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 27.01.2022 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 said
amount of Rs.3,42,220/- 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 27.01.2022 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 with respondent No.4 dated 25.09.2021 and he has completed the works of Repairs to Sluice No.1 of Ankupalli Ankamma Tank, Near Ankupalli Village in Podalakur Mandal, SPSR Nellore District. Further on perusal of the Quality Control Certificate dated 27.01.2022, 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. S
6. In view of the above, the Writ Petition is allowed and the respondents are directed to pay an amount of Rs.3,42,220/- 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.
Sd/- M. RAr/.ESH BABU DEPUTY REGISTRAR //TRUE COPY// SE OFFICER To, -.'•i
1. The Principal Secretary (Water Source Department), State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District.
2. The Principal Secretary (Finance and Planning), State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District.
3. The District Collector, SPSR Nellore District, Nellore.
4. The Executive Engineer, W.R.D.. Nellore Central Division, District.
5. The Deputy Executive Engineer, M.l Sub-Division, Podalakur, Nellore District.
6. The Assistant Executive Engineer, M.l section, No.1, Podalakur, SPSR Nellore District.
7. One CC to Sri M. S. R. Chandra Murthy, Advocate [OPUC
8. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT]
9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT]
10. Two CD Copies. NeltOre SPSR cch
HIGH COURT DATED;14/07/2025
ORDER WP No.17639 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS