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2025 DAILYLAW 26730 (AP)

KOLLI JAYARAMIREDDY v. THE STATE OF ANDHRA PRADESH

WP/19764/2025 · 2025-08-17

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010378942025 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: 19764/2025 Between: 1. KOLLI JAYARAMIREDDY, S/O TIRUPATHAREDDY, AGED ABOUT 71 YEARS, CONTRACTOR, R/O.D.NO.4TH LINE, FLAT NO.401, GAYATHRI ENCLAVE, BALAJI NAGAR, NAGARAJU, GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, GOVERNMENT OF ANDHRA PRADESH, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 4. THE SUPERINTENDENT ENGINEER, NSJC O AND M CIRCLE, LINGAMGUNTIA, NARASARAOPET, PALNADU DISTRICT. 2 5. THE EXECUTIVE ENGINEER, NSJC O AND M DIVISION, SATTENAPALLI, PALNADU DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, L AND T SUB DIVISION, LINGAMGUNTIA, NARASARAOPET, PALNADU DISTRICT. 7. THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS AND PROJECTS, NARASARAOPET, PALNADU DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. MANIKANTA THOTA 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 an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the bill amount to the Petitioner i.e., Rs.7,64,993/- (Seven Lakhs Sixty Four Thousand Nine Flundred and Ninety Three Rupees Only) in respect of the works executed by the Petitioner i.e., O and M Repairs to S Minor from KM 0.000 to KM 0.550 of 36L Amaravathi Major under WUA No. 118 Pedakurapadu-I under GBC, O and M Repairs to T Minor from KM 0.000 to KM 0.510 of 36L Amaravathi Major under WUA No. 121, Bayyavaram and O and M Repairs to V Minor from KM 0.000 to KM 0.500 of 36L Amaravathi Major under WUA No.123 Pedakurapadu-lll, which is illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 19(g) and 21 of the Constitution of India and consequently direct the Respondents to pay the contract bill amount i.e., Rs.7,64,993/- (Seven Lakhs Sixty Four Thousand Nino Flundred and Ninety Three Rupees Only) for the works executed by the Petitioner forthwith along with interest in the interest of justice…” 2. The petitioner was entrusted with three works relating to O & M repairs to S Minor from KM 0.000 to KM 0.550 of 36L Amaravathi Major under WUA No.118, Pedakurapadu-I under GBC and O & M repairs to T Minor from KM 0.000 to KM 0.510 of 36L Amaravathi Major under WUA No.121, Bayyavaram and O & M repairs to V Minor 4 from KM 0.000 to KM 0.500 of 36L Amaravathi Major under WUA No.123, Pedakurapadu-III. After execution of the said work a final bill for an amount of Rs.7,64,993/-, has 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. Today when the matter came up for hearing, learned Assistant Government Pleader for Irrigation has furnished a copy of instructions of the Executive Engineer dated 12.08.2025 wherein the respondents have admitted the amount payable to the petitioner. It is further stated 5 that the bills pertaining to the petitioner will be duly processed and cleared immediately upon the release of the LOC by the Government. 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 to the petitioner in accordance with the quality control certificate dated 28.03.2023 issued by the respondents within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________ JUSTICE V.SUJATHA Date: 18.08.2025 Ivd 6 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION No.19764 of 2025 Date: 18.08.2025 Ivd