Tfh APHC010007312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 549 OF 2024 OO Between: 1. Sri Sree Lakshmi Constructions, Rep its Managing Partner , K.Nagi Reddy, S/o Venkata Reddy, Aged about 52 years, Occ Business, R/o D.N0.1-2B, Gopalapuram Village, Ravulapalem Mandal District. I last 'Oodavari ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Department of Finance and Planning, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and Command Area Development Department, Secretariat Buildings, Velagapudi, Guntur District 3. The Chief Engineer, Godavari Delta System East Godavari Distrtict. Godavari District, 4. The District Collector, Bhimavaram West Godavari District, 5. The Superintendent of Engineer, Irrigation Circle, Eluru, West Godavari District,. 6. The Executive Engineer, Drainage Division, Godavari District Principal Secretary, Secretariat Buildings, Dowaleswaram (GDS) The District Collector, Bhimavaram West Bhimavaram West ...Respondents 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 or order or a direction more particularly ■u one in the nature of writ of MANDAMUS declaring the action of the respondents, in non-payment of amount due to me even after finalizing the bills, payable to them in relation to the works executed by them under 1 ).0 and M De-Silting of Mogalturu Major Drain in Narasapuram (M) and Mogalturu (M) under the jurisdiction of Drainage Section, Poolapalli in West Godavari District, 2). O and M De-Silting of Mogalturu Major Drain in Kopparru (V) of Narasapuram (M) under the jurisdiction of Drainage Section, Poolapalli in West Godavari District as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amount due to the petitioner in respect of execution of works 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 to consider the payment of amount payable to the petitioner in related works of 1 ).0&M De-Silting of Mogalturu Major Drain in Narasapuram (M) and Mogalturu (M) under the Jurisdiction of Drainage Section, Poolapalli in West Codavari District 2). O and M De-Silting of Mogalturu Major Drain in Kopparru (V) of Narasapuram (M) under the jurisdiction of Drainage Section, Poolapalli in West Godavari District immediately, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRIDHAR TUMMALAPUDI Counsel for the Respondent No.1: GP FOR FINANCE PLANNING Counsel for the Respondent Nos.2,3,5,6:GP FOR IRRI AND CAD (AP) Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following order: APHC010007312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3505] ■-tc; PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 549/2024 Between; 1.SRI SREE LAKSHMI CONSTRUCTIONS, MANAGING PARTNER , K.NAGI REDDY, S/O VENKATA REDDY, AGED ABOUT 52 YEARS, OCC BUSINESS, R/0 D.NO.L-2B, GOPALAPURAM VILLAGE, RAVULAPALEM MANUAL, I LAST (JODAVARI DISTRICT. REP ITS ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE SECRETARIAT AND PLANNING, VELAGAPUDI, GUNTUR DISTRICT. BUILDINGS 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 3.THE CHIEF ENGINEER, GODAVARI DELTA SYSTEM, DOWALESWARAM (GDS) EAST GODAVARI DISTRTICT. THE DISTRICT COLLECTOR, GODAVARI DISTRICT, DEVELOPMENT DEPARTMENT, SECRETARIAT BHIMAVARAM WEST 2 TCDSJ W.P.NO.S49 of 2024 4.THE DISTRICT COLLECTOR, BHIMAVARAM GODAVARI DISTRICT, 5.THE SUPERINTENDENT OF ENGINEER, IRRIGATION CIRCLE, ELURU, WEST GODAVARI DISTRICT,. 6.THE EXECUTIVE ENGINEER, BHIMAVARAM WEST GODAVARI DISTRICT WEST \ DRAINAGE DIVISION, ...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 or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents, in non payment of amount due to me even after finalizing the bills, payable to them in relation to the works executed by them under 1 ).0 and M De-Silting of Mogalturu Major Drain in Narasapuram (M) and Mogalturu (M) under the jurisdiction of Drainage Section, Pooiapalli in West Godavari District, 2). O and M De-Silting of Mogalturu Major Drain in Kopparru (V) of Narasapuram (M) under the jurisdiction of Drainage Section, Poolapalli in West Godavari District as illegal, arbitrary, unjust, unconstitutional and consequently direct the consider the payment of amount due to the petitioner in respect of execution of works forthwith and to pass such unreasonable and respondents to 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 to consider the payment of amount payable to the petitioner in related works of 1 ).0&M De-Silting of Mogalturu Major Drain in Narasapuram Jurisdiction of Drainage Section, Poolapalli in District 2). O and M De-Silting of Mogalturu Major Drain in Kopparru (V) of Narasapuram (M) under the jurisdiction of (M) and Mogalturu (M) under the West Godavari 3 TCDS.J W.P.No.549of2024 Drainage Section, immediately, pending disposal of the main writ petition and pass such Counsel for the Petitioner: Poolapalli in West Godavari District 1.SRIDHAR TUMMALAPUDI Counsel for the Respondent(S): 1 .GP FOR FINANCE PLANNING 2.GP FOR IRRI AND CAD (AP) 4 C"- TCDSJ W.P.No.549of2024 The Court made the following order: The petitioner claims that, pursuant to the tender notice issued by the 6^^ respondent, the petitioner became the successful bidder. Subsequently, the petitioner entered into agreements with the 4*'^ respondent vide Agreement Nos.66/2022-23 and 67/2022- 23, dated 16.08.2022. In furtherance thereto, the petitioner executed the works of 1 )0&M De-Silting of Mogalturu Major Drain in Narasapuram (M) and Mogalturu (M) under the jurisdiction of Drainage Section, Poolapalli in West Godavari District, and 2) O&M De-Silting of Mogalturu Major Drain in Kopparru (V) of Narasapuram (M) under the jurisdiction of Drainage Section, Poolapalli in West Godavari District, and completed the works within the time prescribed in the agreement. It is further case of the petitioner that the Engineers in the Irrigation Department have inspected the works executed by the petitioner and, thereafter, the th same were super-checked by the Quality Control Team. The 6 respondent, after full satisfaction, forwarded the records i.e. agreements, M-book, bill forms etc. to the Accounts Department so as to pay the same to the petitioner. It is further case of the petitioner that despite completion of works way back in the year 5 TCDS,J W.P.No.549of2024 2023, and coupled with the fact that the respondent has issued Quality Control Certificates dated 17.11.2023, for the reasons best known to the respondents, the said amount has not been released till today. Questioning the same, the present writ petition is filed. 2. On the other hand, learned Government Pleader for Irrigation would fairly submit that the petitioner has executed the aforementioned works and did not dispute the Quality Control Certificates dated 17.11.2023 issued by the 6*^ respondent. 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 amounts payable to the petitioner in respect of works completed by him in terms of agreements dated 16.08.2022. 3. In view of the above, the Writ Petition is disposed of, directing the respondents to release the amount payable to the petitioner in respect of works completed by the petitioner under the 4. subject agreements, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is open to the petitioner to 6 N- TCDS.J W.P.No.549 of 2024 agitate its claim for interest, if any, payable by the respondents, in appropriate forum. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// N OFFICER To, 1. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Guntur District. 2. The Principal Secretary, Irrigation and Command Area Development Department, Secretariat Buildings, Velagapudi, Guntur District 3. The Chief Engineer, Godavari Delta System, Dowaleswaram (GDS) East Godavari Distrtict. The District Collector, Bhimavaram West Godavari District, 4. The District , Bhimavaram West Godavari District, 5. The Superintendent of Engineer, Irrigation Circle, Eluru, Godavari District,. 6. The Executive Engineer, Drainage Division, Bhimavaram Godavari District West West 7. One CC to Sri. Sridhar Tummalapudi, Advocate [OPUC] 8. Two CCs to GP For Finance & Planning, Fligh Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR IRRI AND CAD (AP) High Court of Andhra Pradesh [OUT] Two CCs to GP For Revenue, High Court of Andhra Pradesh 10. [OUT]. Three CD Copies. 11. AL ▼ HIGH COURT DATED:23/07/2025 ORDER WP NO. 549 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS