I APHC0t0351952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) .i=. oc >o THURSDAY, THE THIRTY FIRST DAY OF JULY o TWO THOUSAND AND TWENTY FIVE ^ PRESENT ^ THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR^ WRIT PETITION NO: 17998 OF 2024^ Between: M/s. Manasa Constructions, Rep. by its Managing Partner, Prasad, S/o. K. Venkateswara Rao, Aged about 42 years, R/o. D.No. 15/207- 19, Ananadapeta Machilipatnam, Krishna District. K. Krishna ...Petitioner, AND 1. The State of Andhra Pradesh, Rep by its Principle Secretary to Government Irrigation and CAD Water Resources Resources Department, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, rep. By its Principal Secretary Finance Department, Secretariat Buildings, District. Secretariat Buildings, A.P. Secretariat, Velagapudi Velagapudi, Amaravati, Guntur 3. The District Collector, (Irrigation Wing) Machilipatnam, Krishna District. 4. The Engineer-in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, Krishna District. 5. The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada, Krishna District. 6. The Superintending Engineer, Irrigation and Water Resources Department, Irrigation Circle, Vijayawada, Krishna District. 7. The Executive Engineer, Drainage Division, Gudivada , Krishna District. 8. The Assistant Pay and Account Officer, Vijayawada, Krishna District. ...Respondents^ Petition under Article 22^of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularlyone in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 38,01,419/- , 1) Amount Rs.10.49,861/-, along with GST of Rs.3,20,171/-, vide its Agreement No. 107/2023-24, Dt 30-03-2024, 2) Amount of Rs.18,20,641/- along with GST of Rs. 6,10,746/- vide Agreement No. 108/2023-24 Dt 30/03/2024, with interest of execution of completion of O & M works under irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article4l4, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 38,01,419/-, for execution of completion of O & M works under Irrigation Department as per agreement, to the petitioner forthwith.^ 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 releasing the Final Bills of total amount worth of Rs. 38,01,419/-, for execution of completion of O & M works under Irrigation Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI ANNAMNEEDI BALAKRISHN^V- Counsel for the Respondent Nos. 1, 3 to 7: GP FOR IRRIGATION & COMM AREA DEV ^ Counsel for the Respondent Nos.2 & 8: GP FOR FINANCE & PLANNING The Court made the following order: APHC010351952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17998/2024 Between: 1.M/S. MANASA CONSTRUCTIONS,, REP. BY ITS MANAGING PARTNER, K. KRISHNA PRASAD, S/0. K. VENKATESWARA RAO, AGED ABOUT 42 YEARS, R/0. D.NO. 157207-19, ANANADAPETA MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI. AMARAVATI. GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, (IRRIGATION WING) MACHILIPATNAM. KRISHNA DISTRICT. 4.THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, 2 TCDSJ W.P.No.17998 of2024 IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 5.THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 6.THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT. 7.THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIVADA , KRISHNA DISTRICT. 8.THE ASSISTANT PAY AND ACCOUNT OFFICER, VIJAYAWADA, KRISHNA DISTRICT.THE DISTRICT- COLLECTOR, (IRRIGATION WING) MACHILIPATNAM, 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 38,01,419/-, 1) Amount Rs.10.49,861/-, along with GST of Rs.3,20,171/-, vide its Agreement No. 107/2023-24, Dt 30-03-2024, 2) Amount of Rs.18,20,641/- along with GST of Rs. 6,10,746/- vide Agreement No. 108/2023-24 Dt 30/03/2024, with interest of execution of completion of O and M works under irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 38,01,419/-, for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith, and to pass 3 TCDSJ W.P.No.l7998of2024 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 may be pleased to direct the respondents releasing the Final Bills of total amount worth of Rs. 38,01,419/-,, for execution of completion of O & M works under Irrigation Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1.GP FOR IRRIGATION COMM AREA DEV 2.GP FOR FINANCE PLANNING The Court made the following: 4 TCDSJ W.P.No.l7998of2024 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17998 of 2024 f ORDER: It is the case of the petitioner that it has got experience in executing civil contracts and pursuant to tender floated on Eprocurement platform for the works of O & M to removal of weed growth in Inampudi major Drain for the year 2023-24 and for the work of removal of weed growth in Komaravalu major drain and its infalling medium and minor drains, the petitioner participated in the tender process and accordingly it became the successful bidder. Thereafter^ the petitioner entered into agreements with respondent No.7 vide agreement Nos. 107/2023-24, dated 30.03.2024 and 108/2023-24 dated 30.03.2024. It is the further case of the petitioner that despite completing the works under the agreements, the respondents did not choose to pay an amount of Rs.38,01,419/-. In support of the case of the petitioner, he has filed copies of agreements entered into with the 7'*^ respondent. Questioning the action of the respondents in not paying the said amount, the present writ petition is filed. On the contrary, the learned Assistant Government Pleader for 2. Irrigation and Command Development Authority would submit that the petitioner did not file the copies of quality control certificate issued by the respondents nor furnished the M Book along with the 5 TCDSJ W.P.No.17998 of 2024 present writ petition. He would further submit that in the absence of the same, the request of the petitioner cannot be considered. 3. Having regard to the submissions made by the learned counsel on either side, this Court is not inclined to go into the merits of the matter and the 7^'^ respondent is directed to treat the writ petition as representation made by the petitioner and consider the case of the petitioner and pass appropriate orders in the matter within a period of six (06) weeks from the date of receipt of the copy of the order. The petitioner is at liberty to place all the necessary documents in support of his claim before the 7^^ respondent. 4. With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M.RAMESH BABSJ DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government Irrigation and CAD Water Resources Resources Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Finance Department, Secretariat Building&r^ Velagapudi, Amaravati, Guntur District. 3. The District Collector, (Irrigation Wing) Machilipatnam, Krishna District. 4. The Engineer-in-Chief, Minor and Major Irrigation Department-- Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, Krishna District. 5. The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawaplar Krishna District. 6. The Superintending Engineer, Irrigation and Water Resources Department, Irrigation Circle, Vijayawada, Krishna District. 7. The Executive Engineer, Drainage Division, Gudivada , Krishna District. 8. The Assistant Pay and Account Officer, Vijayawada, Krishna Distriqtr 9. One CC to Sri Annamneedi Balakrishna Advocate [OPUC] 10. Two CCs to GP for Irrigation & Comm Area Dev High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance & Planning High Court of Andhra Pradesh [OUT] 12. Two CD Copies TF HIGH COURT DATED:31/07/2025 ORDER WP NO. 17998 OF 2024 DISPOSING OF THE W.P., WITHOUT COSTS