APHC010389142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20041 OF 2025 Between: NAS Babu Constructions PVT.LTD Rep. by its Managing Director, • > > NW Nagendram, S/o. Venkateswara Rao, R/o. D.N0.10-150-A2. 1st Lane, Rajendra Nagar, Gudivada, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary and Command Area Development Department Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat, Velagapudi, Irrigation Secretariat, Department of Finance and Planning Amaravathi. 3. The Superintending Engineer, Irrigation Circle, Vijayawada District. 4. The Executive Engineer, Drainage Division, Gudivada. 5. The Dy Executive Engineer, Drainage Sub-Division, Gudivada. Krishna Krishna Krishna District District. ...Respondents Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be praying that in the 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 not releasing FSD withheld amount of Rs. 16,80,000/- which was deducted by the respondents at the time of releasing of bill towards execution of works for Channelization of Budameru Drain payment (below Enekepadu U.T to Kolleru lake) from Km 34.000 to Km 42.500 Modernisation vide its Agreement No.40 SE /2015-16, Dt. 18.01.2016 in Water Resources Department, Irrigation Circle, Vijayawada in Drainage Division, Gudivada, Krishna District, which is illegal irregular, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and also violative of the principles of natural justice, consequently direct the respondents to release, the FSD payment of Rsj6,80,000/-, due to the petitioner in respect of execution of work forthwith interest of 18percent. lA NO: 1 OF 202^ 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 direct the respondents to release the FSD withheld amount of Rs.16,80,000/- which was deducted by the respondent at the time of releasing of bill payment towards execution of works Channelizationof Budameru Enekepadu U.T to Kolieru lake) from Km 34.000 to Km vide its Agreement No.40 SE /2015-16, Dt. 18.01.2016 in Water Resources Department, Irrigation Circle, Vijayawada in Drainage Division, Gudivada, Krishna District, immediately, pending disposal of the main writ petition. Drain (below 42.500 Modernisation Counsel for the Petitioner: SRI BATTULA SANJAIAH GANDHI Counsel for the Respondent Nos.1,3,4,5: GP FOR IRRI Counsel for the Respondent No.2: GP FOR FINANCE The Court made the following order: AND CAD PLANNING -f.TT ':"'T APHC010389142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0!¥iB [3333] 0^ MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20041 /2025 Between: 1.NAS BABU OONSTRUCTIONS PVT.LTD.,, REP. BY ITS MANAGING DIRECTOR, NW NAGENDRAM, S/0. VENKATESWARA RAO, R/0. D.N0.10-150-A2, 1ST LANE, RAJENDRA NAGAR, GUDIVADA, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATHI. 3.THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT. 4.THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIVADA. KRISHNA DISTRICT 5.THE DY EXECUTIVE ENGINEER, DRAINAGE SUB-DIVISION GUDIVADA. 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 topleased 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 not releasing FSD withheld amount of Rs. 16,80,000/- which was deducted by the respondents at the time of releasing of bill c,. I ' "V. 2 payment towards execution of works for Channelization of Budameru Drain (below Enekepadu U.T to Kolleru lake) from Km 34.000 to Km 42.500 Modernisation vide its Agreement No.40 Water Resources Department, Irrigation Circle, SE /2015-16, Dt.18.01.2016 in Vijayawada in Drainage Division, Gudivada, Krishna District, which is illegal irregular, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and also violative of the principles of natural justice, consequently respondents to release the FSD payment of Rs.6,80.000/-, due to petitioner in respect of execution of work forthwith interest of 18percent direct the the 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 direct the respondents to release the FSD withheld amount of Rs.16,80,000/- which was deducted by the respondent at the time of releasing of bill payment towards execution of works ChannelizationofBudam eru Drain (below Enekepadu U.T to Kolleru lake) from Km 34.000 to Km 42.500 Modernisation vide its Agreement No.40 SE /2015-16, Dt. 18.01.2016 Water Resources Department, Irrigation Circle, Vijayawada in Drainage Division, Gudivada, Krishna District, immediately, pending disposal of the main writ petition Counsel for the Petitioner: 1. BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1.GPFORIRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following Order: in r 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.20041 of 2025 ORDER: The petitioner was entrusted the work i.e., Channelization of Budameru Drain (below Enekepadu U.T to Kolleru lake) vide agreement dated 18.01,2016 of Water Resources Department, Irrigation Circle, Vijayawada. The grievance of the petitioner is that, in spite of completion of the above said works, the respondent authorities have withheld an amount of Rs.16,80,000/- in favour of the petitioner. Challenging which the present writ petition was filed. 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Irrigation and learned Assistant Government Pleader for Finance & Planning representing the respondents. 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. 4 5. Learned Assistant Government Pleader for Irrigation has furnished a copy of the written instructions of respondent No.4-Executive Engineer, dated 04.08.2025, wherein, it is stated that the bill for FSD withheld amount of Rs.16,80.000/- payable to the petitioner was uploaded and approved in CFMS and is waiting for fund clearance. Learned Assistant Government Pleader submits that, soon after release of the budget by the Government, the withheld amount of Rs. 16,80,000/- will be paid to the petitioner. 6. In view of the written instructions of respondent No.4 and as well as the submissions made by learned Assistant Government Pleader, this writ petition is disposed of with a direction to the respondents to clear the withheld amount Rs.16,80,000/- payable to the petitioner, as expeditiously as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Irrigation and Command Area Development Department, Secretariat, Velagapudi, Amaravathi. 2. The Principal Secretary, Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi. 3. The Superintending Engineer, Irrigation Circle, Vijayawada, Krishna District. 4. The Executive Engineer, Drainage Division, Gudivada. Krishna District 5. The Dy Executive Engineer, Drainage Sub-Division, Gudivada. Krishna District. 6. One CC to Sri. Battula sanjaiah gandhi Advocate [OPUC] 7. Two CCs to GP For Irri And Cad Fligh Court of Andhra Pradesh [OUT] 8. Two CCs to GP For Finance Planning High Court of Andhra Pradesh [OUT] 9. Two CD Copies. AL HIGH COURT DATED:18/08/2025 ORDER WP NO. 20041 OF 2025 ^ 12 SEP 2025 iT«itS«ctiwjX>^ Co DISPOSING OF THE W.P. WITHOUT COSTS