1 APHC010431192022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27137/2022 Between: 1. METLA KOTESHWARA RAO,, S/O METLA VENKANNA, AGED 67 YEARS, 0CC . CONTRACTOR, R/O. D.NO. 8-100/A, JAMMULAPALEM, BAPATLA, GUNTUR DIST., ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, THE GOVERNMENT OF ANDHRA PRADESH 2ND BLOCK, 1ST FLOOR, ROOM NO.287, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST., 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, 27-20-44, MUSEUM RD, VENKATESHWARA RAO STREET, GOVERNORPETA, VIJAYAWADA, ANDHRA PRADESH 520 00,, 4. THE DISTRICT COLLECTOR, BAPTLA (CURRENTLY) DIST., IN GUNTUR DIST., 5. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, GUNTUR. 2 6. THE EXECUTIVE ENGINEER, K.W DIVISION, TENALI, GUNTUR DIST., ...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 order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for execution of works vide (1) Agreement No.106.KW/2020-21, dtd.15-03-2021, (2) Agreement No.107.KW/2020-21, dtd.15-03-2021, (3) Agreement No.108.KW/2020-21, dtd.15-03-2021, (4) Agreement No.109.KW/2020-21, dtd.15-03-2021, Final Total bill for above mentioned 4 works is Rs.11,05,480/- to the petitioner with 24 percent Interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i)g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 24 percent interest and to pass IA NO: 1 OF 2022 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 the amount of Rs.11,05,480/- towards payment of above final bills for the contract works under taken by the petitioner long back pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of works vide (1) Agreement No.106.KW/2020-21, dtd.15-03-2021, (2) Agreement No.107.KW/2020-21, dtd.15-03-2021, (3) Agreement No.108.KW/2020-21, dtd.15-03-2021, (4) Agreement No.109.KW/2020-21, dtd.15-03-2021, Final Total bill for above mentioned 4 works is Rs.11,05,480/- to the petitioner with 24 percent Interest till today from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i)g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 24 percent interest and to pass….” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 3. Today when the writ petition came up for hearing, learned Assistant Government Pleader has furnished a copy of instructions of the Executive Engineeer, K.W.D. Division, Tenali, dated 23.09.2025 wherein it is admitted that the petitioner has executed the works covered in the writ petition under Operation and Maintenance (O&M) as per the agreement entered between 4 him and the department officials. It is further stated that the department officials have measured the works executed by the petitioner and recorded the same in measurement books and the amounts were quantified and paid as under: Sl. No. Name of the work Agt.No. CFMS Token No. Gross Amount (In Rs.) Status 1 Emergency breach closing of slipped banks on west Bapatla channel from km 4.200 to 4.800 R/B 106kw/ 2020-21 2022- 2505429 121853 RBI0822368224411 Dated 23.03.2023 2 Emergency breach closing of slipped banks on west Bapatla channel from km 9.000 to 9.800 L/B and R/B 107kw/ 2020-21 2022- 2407828 335052 RBI0822368154881 Dated 23.03.2023 3 Embankment repairs to scored and slipped banks on west Bapatla channel from km 0.900 to 1.500 R/B 108kw/ 2020-21 2022- 2409129 271830 RBI0822368154879 Dated 23.03.2023 4 Embankment repairs to scored and slipped banks on west Bapatla channel from km 6.700 to 7.400 L/B and R/B 109kw/ 2020-21 2022- 2409917 372243 RBI0822368154877 Dated 23.03.2023 5 4. In view of the fact that the petitioner was already paid the amounts payable as per the details mentioned in the aforesaid table, this Court feels that no further orders would be necessary in the present writ petition. 5. Accordingly, this writ petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :24.09.2025. Gss