APHC010346312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ? TUESDAY. THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17645 OF 2024 Between: Noti Bhargav, S/o. Ravindra Reddy, Aged about 33 years, Chagam vari Veedhi, Podalakur, Althurthi, Nellore, Andhra Pradesh. ...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. 5. The Deputy Executive Engineer SPSR Nellore District. 6. The Assistant Executive Engineer, TM.I.Section No.1 SPSR Nellore District. Cause Title is amended as per the Court’s Order dt.17.04.2025 in I.A.No. 01 of 2025 in Writ Petition and Affidavit. M.I.Sub-Division Podalakur, Podalakur, ...Respondents m 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 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.2 of Ankupalli Ankamma Tank, Near, Ankupalli Village in Podalakur Mandal, SPSR Nellore District to an amount of Rs. 7,14,693/- 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 the petitioner the amount of Rs. 7,14,693/- towards the Repairs to Sluice No.2 of Ankupalli Ankamma Ankupalli Village in Podalakur Mandal, SPSR Nellore District pending disposal of the Writ Petition. Tank, Near, forthwith Counsel for the Petitioner: SRI M S R CHANDRA MURTHY Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent Nos. 1, 4 to 6: GP FOR IRRIGATION COMM AREA DEV The Court made the following order: 1 TCDS.J W.P.No.l7645of2024 APHC010346312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 2: [3505] TUESDAY. THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17645/2024 Between: 1.NOTI BHARGAV, S/0. RAVINDRA REDDY, AGED ABOUT 33 YEARS CHAGAM VARI VEEDHI, PODALAKUR. ALTHURTHI NELLORe’ ANDHRA PRADESH. ...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) BUILDING, VELAGAPUDI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, NELLORE. 4.THE EXECUTIVE ENGINEER, W.R.D. NELLORE CENTRAL DIVISION, NELLORE. 5.THE DEPUTY EXECUTIVE ENGINEER PODALAKUR. SPSR NELLORE DISTRICT. 6.THE ASSISTANT EXECUTIVE ENGINEER. TM.I.SECTION NO 1 PODALAKUR, AMENDED AS PER THE COURT'S ORDER DT.17.04.2025 IN I.A.NO 01 OF 2025. SECRETARIAT SPSR NELLORE DISTRICT, M.I.SUB-DIVISION SPSR NELLORE DISTRICT. CAUSE TITLE IS ...RESPONDENT(S): m 2 TCDSJ W.P. No. 17645 of 2024 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondentsin releasing the amounts after execution of works i.e., Repairs to Sluice No.2 of Ankupalli Ankamma Tank, Near, Ankupalli Village in Podalakur Mandal, SPSR Nellore District to an amount of Rs. 7,14,693/- 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 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.2 of Ankupalli Ankamma Tank, Near, Ankupalli Village in Podalakur Mandal, SPSR Nellore District to an amount of Rs. 7,14,693/- 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 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 pleased to permit the petitioner to amend the cause title of the respondents 4 to 6 as 4. The Executive Engineer, W.R.D. Nellore Central Division, Nellore 5. The Deputy Executive Engineer, M.l. Sub-Division Podalakur, SPSR Nellore District. 6. The Assistant Executive Engineer, M.l. Section No.1, Podalakur, SPSR Nellore District. Instead of 4. The Executive Engineer, Telugu Ganga Project Quality Control Section, Kaluvoya Mandal, SPSR Nellore Dist. 5. The Deputy Executive Engineer, Telugu Ganga Project, Quality Control Section, Kaluvoya Mandal, SPSR Nellore District. 6. The Assistant Executive Engioneer, Telugu Ganga Project, Quality Control Section, Kaluvoya Mandal, SPSR Nellore District. In W.P.No.17645 of 2024 as well as in I.A. and pass Counsel for the Petitioner: 1.M S R CHANDRA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRIGATION COMM AREA DEV 3 TCDS,J W.P.N0.1764S of 2024 The Court made the following order: The petitioner claims that, pursuant to Tender Notice No.03/2021-2022 (07) issued by respondent No.1, he became the highest bidder. Subsequently, the petitioner entered into an agreement with the 4'^ respondent vide Agreement No.150/O& M/2021, dated 25.09.2021. In furtherance thereto, the petitioner executed the work of repairing Sluice No.2 of Ankupalli Ankamma Tank and completed the same in the year 2021. It is further case of the petitioner that respondents No.5 and 6 have inspected the work executed by the petitioner at regular intervals, and after verification, they have recorded the same in measurement books and prepared bills for payment in favour of the petitioners. It is further stated that the respondents No.5 and 6 also issued Quality Control Certificate dated 15.02.2022 in favour of the petitioner. certifying that the works carried out by the petitioner were satisfactory based on field tests, and further stated that the petitioner is entitled to receive an amount of Rs.7,14,693/-. It is further case of the petitioner that, despite i completion of the works way back in the year 2021 and coupled with the fact 1 that respondents No.5 and 6 have issued Quality Control Certificate dated 15.02.2022, for the reasons best known to the respondents, the said amount is not released till today. Questioning the same, the present writ petition is filed. On the other hand, learned Government Pleader for Irrigation 2. would fairly submit that the petitioner has executed the aforementioned works 4 I^D5,J W.P.No.l7645of 2024 and did not dispute the Quality Control Certificate dated 15.02.2022 issued by respondents No.5 and 6. 3. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for Irrigation, there is no justification on the part of the respondents in not releasing the amount of Rs.7,14,693/-, in spite of the fact that the petitioner has completed the works under the agreement. In view of the same, the Writ Petition is disposed of, directing the respondents to pay an amount of Rs.7,14,693/- (Rupees Seven lakhs Fourteen thousand Six hundred and Ninety Three only) to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 4. As a sequel, pending applications, if any, shall stand closed. SD/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// I SECTION OFFICER To, 1. The Principal Secretary (Water Source Department) Building, Velagapudi, Guntur District. 2. The 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. 5. The Deputy Executive Engineer, SPSR Nellore District. 6. The Assistant Executive Engineer, SPSR Nellore District. Secretariat M.I.Sub-Division Podalakur, M.I.Section No.1, Podalakur, 7. One CC to Sri M S R Chandra Murthy, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Irrigation & Comm Area Dev, High Court of Andhra Pradesh [OUT] 11. Two CD Copies TF HIGH COURT DATED:08/07/2025 ORDER WP NO. 17645 OF 2024 ^ 2 5 JUL 2025 \>^g{i^nt Secti^flXW^ DISPOSING OF THE W.P., WITHOUT COSTS