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High Court of Andhra Pradesh · body

2025 DAILYLAW 29367 (AP)

Varri Venkata Satyanarayana, v. The State of Andhra Pradesh,

WP/21752/2025 · 2025-09-08

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010419982025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21752/2025 Between: 1. VARRI VENKATA SATYANARAYANA,, S/O. PARASURAMULU, OCC CONTRACTOR, R/O. D.NO. 2 VILLAGE, GANAPAVARAM MANDAL, WEST GODAVARI DISTRICT 534186. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER, CADA, WATE VIJAYAWADA, NTR DISTRICT. 4. THE EXECUTIVE ENGINEER, GODAVARI WESTERN DIVISION, NIDADAVOLU, EAST GODAVARI DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, UNDL, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21752/2025 VARRI VENKATA SATYANARAYANA,, S/O. PARASURAMULU, OCC CONTRACTOR, R/O. D.NO. 2-108, APPANAPETA, KESAVARAM VILLAGE, GANAPAVARAM MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE COMMISSIONER, CADA, WATER RESOURCES DEPARTMENT, VIJAYAWADA, NTR DISTRICT. THE EXECUTIVE ENGINEER, GODAVARI WESTERN DIVISION, NIDADAVOLU, EAST GODAVARI DISTRICT. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, UNDL, BHIMAVARAM MANDAL, WEST GODAVARI 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 IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE NINTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA VARRI VENKATA SATYANARAYANA,, S/O. PARASURAMULU, OCC- 108, APPANAPETA, KESAVARAM VILLAGE, GANAPAVARAM MANDAL, WEST GODAVARI DISTRICT- ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, R RESOURCES DEPARTMENT, THE EXECUTIVE ENGINEER, GODAVARI WESTERN DIVISION, THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, UNDL, BHIMAVARAM MANDAL, WEST GODAVARI 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 2 pleased topleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the admitted an amount of Rs. 11,83,442/- even after finalizing the bills payable to the Petitioner in relation to the works i.e., (i) Flood Precautions to Yanamadurru Drain between from Km. 15.228 to 20.116 (mile 9/4 to 12/4) during the floods of 2022 for Meenavalluru flood stores at Meenavalluru Village, under Irrigation Section, Chilakampadu an amount Rs.5,69,337/- and (ii) Flood Precautions of Yanamadurru drain between from Km. 20.116 to 25.774 (Mile 12/4 to 16/0) during the floods of 2022 for Pippara flood stores at Pippara Village under Irrigation Section, Chilakampadu an amount of Rs.6,14,105/- as illegal, arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents to release an amount of Rs.11,83,442/- along with 12percent per annum for the delayed amount to the Petitioner in respect of execution of above-mentioned works forthwith and pass IA 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 direct the respondents to release an amount of Rs. 11,83,442/- in relation to the works i.e., (i) Flood Precautions to Yanamadurru Drain between from Km. 15.228 to 20.116 (mile 9/4 to 12/4) during the floods of 2022 for Meenavalluru flood stores at Meenavalluru Village, under Irrigation Section, Chilakampadu an amount Rs.5,69,337/- and (ii) Flood Precautions of Yanamadurru drain between from Km. 20.116 to 25.774 (Mile 12/4 to 16/0) during the floods of 2022 for Pippara flood stores at Pippara Village under Irrigation Section, Chilakampadu an amount of Rs.6,14,105/- forthwith along with interest 12% per annum for the delayed amount to the Petitioner pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 The Court made the following Order: The petitioner was entrusted the works i.e., Flood Precautions to Yanamadurru Drain between from Km. 15.228 to 20.116 (mile 9/4 to 12/4) during the floods of 2022 for Meenavalluru flood stores at Meenavalluru Village, under Irrigation Section, Chilakampadu and Flood Precautions of Yanamadurru drain between from Km. 20.116 to 25.774 (mile 12/4 to 16/0) during the floods of 2022 for Pippara flood stores at Pippara Village under Irrigation Section, Chilakampadu. The grievance of the petitioner is that, in spite of completion of the above said works, the respondent authorities have withheld the admitted bill amounts of Rs.5,69,337/- and Rs.6,14,105/- (Rs.11,83,442/- in total) in favour of the petitioner. As the payment of the said bill amounts has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 2. 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. 3. 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 4. On the other hand, learned Government Pleader, on oral instructions, submits that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner, however, admitted the amounts payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.5,69,337/- and Rs.6,14,105/-. 5. 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 amounts to the petitioner in accordance with the quality control certificates dated 30.04.2025 issued by the respondents within a period of two (2) months from the date of receipt of a copy of this order. 6. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any amount which is due and payable, the same is binding upon both the parties. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 09.09.2025 MDP