N N APHC010450772024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •i TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 23191 OF 2024 Between: Nimmagadda Naveen Krishna, S/o. Venkateswara Rao, Aged 29 Years Occ. Contractor, R/o. M14/15, New Market Bazar, Vijayapuri South, Guntur, Guntur 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 Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravathi. 3. The Chief Engineer(Projects), NSP, Guntur, Guntur District. 4. The Superintending Engineer, NSJC O and M Circle, Lingamguntla. Guntur District. 5. The Executive Engineer, NSJC O and M Division, Macherla Guntur District. 6. The Dy Executive Engineer, NSJC O and M Sub-Division, Macherla. Guntur District. 7. The Assistant Pay and Accounts Officer, Works and Project, Narasaraopet. Guntur District. ...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 one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted LS-First and Final bill amount of Rs.83,40,565/- even after finalized the bill long back payable to the petitioner after successful execution of work for Essential Repairs to Strengthening of Banks and Removal of silt on Rentachintala major from Km.0.000 to Km. 15.600 DC No.02, Gurazala vide Agt.No.03-SE/2022-23, Dated 14.07.2022, in Water Resources Department, NSJC O and M Circle, Lingamguntia in NSJC O and M Division, Macherla, which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice and consequently direct the respondents to release the payment of amount for Rs.83,40,565/- due to the petitioner in respect of execution of work forthwith interest of 18 percentage. 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 direct the respondents to release the admitted bill amount of Rs.83,40,565/- due to the petitioner, after the successful execution of work for Essential Repairs to Strengthening of Banks and Removal of silt on Rentachintala major from Km.0.000 to Km. 15.600 DC No.02, Gurazala vide Agt.No.03-SE/2022- 23, Dated 14.07.2022, in Water Resources Department, NSJC O&M Circle Lingamguntia in NSJC O and M Division, Macherla, immediately, pending disposal of the main writ petition. Counsel for the Petitioner: SRI BATTULA SANJAIAH GANDHI Counsel for the Respondent Nos. 1, 3 to 6: GP FOR IRRI AND CAD Counsel for the Respondent Nos. 2 and 7: GP FOR FINANCE PLANNING The Court made the following order: APHC010450772024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 23191/2024 Between: S/0. 1.NIMMAGADDA KRISHNA, VENKATESWARA RAO, AGED 29 YEARS CONTRACTOR, R/0. M14/15, NEW MARKET BAZAR, VIJAYAPURI SOUTH, GUNTUR, GUNTUR DISTRICT. NAVEEN OCC. ...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 FINANCE AND PLANNING VELAGAPUDI, PRINCIPAL SECRETARY, DEPARTMENT, AMARAVATHI. SECRETARIAT, 3.THE CHIEF ENGINEERPROJECTS, NSP, GUNTUR, GUNTUR DISTRICT. 4.THE SUPERINTENDING ENGINEER, NSJC O AND M CIRCLE, LINGAMGUNTLA. GUNTUR DISTRICT. 2 5.THE EXECUTIVE ENGINEER, NSJC O AND M DIVISION MACHERLA. GUNTUR DISTRICT. 6.THE DY EXECUTIVE ENGINEER, NSJC O AND M SUB DIVISION, MACHERLA. GUNTUR DISTRICT. 7.THE ASSISTANT PAY AND ACCOUNTS OFFICER WORKS AND PROJECT, NARASARAOPET. DISTRICT. GUNTUR ...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 tomay 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 not releasing the admitted LS-First and Final bill amount of Rs.83,40,565/- even after finalized the bill long back payable to the petitioner after successful execution of work for Essential Repairs to Strengthening of Banks and Removal of silt on Rentachintala major from Km.0.000 to Km. 15.600 DC No.02, Gurazala vide Agt.No.03-SE/2022-23, Dated 14.07.2022, in Water Resources Department, Lingamguntia in NSJC O and M Division, Macherla, which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice and consequently direct the respondents to release the payment of amount for Rs.83,40,565/- due to the petitioner in respect of execution of work forthwith interest of 18 percentage ■and to pass NSJC O and M Circle, 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 direct the respondents to release the admitted bill amount of Rs.83,40,565/- due to the petitioner, after the successful 3 execution of work for Essential Repairs to Strengthening of Banks and Removal of silt on Rentachintala major from Km.0.000 to Km. 15.600 DC No.02, Gurazala vide Agt.No.03- SE/2022- Department, NSJC O&M Circle Lingamguntia in NSJC O and M Division, Macherla, immediately, pending disposal of the main writ petition and pass 23, Dated 14.07.2022, in Water Resources Counsel for the Petitioner: 1. BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING 4 The Court made the following order: The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs.83,40,565/- to the petitioner despite completion of execution of work of Essential Repairs to Strengthening of Banks and Removal of silt on Rentachintala major from Km.0.000 to Km. 15.6000 DC No.02, Gurazala vide Agt.No.03-SE/2022-23, dated 14.07.2022, in Water Resources Department, NSJC O&M Circle, Lingamguntia in NSJC O&M Division, Macherla. 2. It is the case of the petitioner that the respondents have floated tender for execution of the said work in which the petitioner became the lowest bidder. It is the further case of the petitioner that he entered into agreement dated 14.07.2022 with respondent No.4. Thereafter, he has completed the said work within the stipulated time as per the agreement. It is the specific case of the petitioner that respondent Nos.5 & 6 inspected the execution of work at regular intervals and after completion of the same, the respondent No.5 issued Quality Control Certificate dated 09.12.2022 after conducting checks and tests and the observations were also recorded in field register and the same was found satisfactory based on the field tests carried out. In 5 furtherance of the same, the respondent No.5 issued a Check Measurement Statement/Memo of Payment dated 30.12.2022, recording the final measurements by certifying the work executed by the petitioner. Despite the issuance of the said certificate and memo, the respondents did not release the said amount of Rs.83,40,565/- in favour of the petitioner. Questioning the said action, the present writ petition is filed. On the other hand, the learned Government Pleader for 3. Irrigation would fairly submit that the petitioner has executed the above mentioned works and did not dispute the Quality Control Certificate dated 09.12.2022 and Memo of Payment dated 30.12.2022, issued by respondent No.5. He would further request this Court to pass appropriate orders by granting time to release the said amount in favour of the petitioner. Heard learned counsel for petitioner and learned Assistant 4. Government Pleader for Irrigation and CAD. Perused the material available on record. 5. It is not in dispute that the petitioner has entered into 6. agreement dated 14.07.2022 with respondent No.4 and he has completed the works of Essential Repairs to Strengthening of Banks and Removal of silt on Rentachintala major from Km.0.000 6 »*■ to Km. 15.6000 DC No.02, Gurazala. Further on perusal of the Quality Control Certificate dated 09.12.2022 and Memo of Payment dated 30.12.2022, it is clear that the petitioner has executed the said work to the satisfaction of the respondents. In that view of the same, there is no justification on the part of the respondents in not releasing the admitted amount in favour of the petitioner. In view of the above, the Writ Petition is allowed directing 7. the respondents to release the amount payable to the petitioner in' respect of works completed by the petitioner under the subject agreements, within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is open to the petitioner to agitate his 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/- J. SAROJA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, and Command Area Development 1. The Principal Secretary, Irrigation State of Andhra Pradesh, Secretariat, Velagapudi, Department Amaravathi. 2. The Principal Secretary, Finance Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. and Planning Department, State of 3. The Chief Ehgineer (Projects), NSP, Guntur. Guntur District 4. The Superinterrding Engineer, NSJC O and M Circle, Lingamguntla Guntur District. ih 5. The Executive Engineer, NSJC O and M Division District. 6. The Dy Executive Engineer, NSJC O and M Sub-Division Guntur District. 7. The Assistant Pay and Accounts Officer, Works and Project, Narasaraopet. Guntur District. 8. One CC to Sri. Battula Sanjaiah Gandhi Advocate [OPUC] 9. Two CCS to GP for Irrigation and CAD High Court of Andhra Pradesh [OUT] Macherla. Guntur Macherla. 10. Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] Two CD Copies 11. GSC HIGH COURT DATED:29/07/2025 ^ I n aU6 2025 Current Seciion ORDER WP NO. 23191 OF 2024 Of, ALLOWING THE WP WITHOUT COSTS