APHC010450562024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ rfi ■Ju m TUESDAY,THE SECOND DAY OF SEPTEMBER ^/fit TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23305 OF 2024 yt <?A W > i. 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, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravathi. 3. The Chief EngineerProjects, NSP, Guntur. Guntur District. 4. The Superintending Engineer, NSJC O And M Circle, Lingamguntla. Guntur District. 5. The Executive Engineer, NSJC Monitoring Division, Lingamguntla. Guntur District. 6. The Dy Executive Engineer, NSJC Monitoring Sub-Division, Macherla. Guntur District. 7. The Assistant Pay And Accents Officer, Works And Projects, Narasaraopet. Guntur District/" Secretariat, ...Respondents Petition under Article 226 of the Constitution of India praying that in the dirpufnstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or a direction more particularly writ of MANDAMUS declaring the action of the one in the nature of respondents in not releasing the admitted LS-1st And Final bill amount of Rs.61,69,119/- even after finalized the bill long back payable to the petitioner after successful execution of work for Urgent Repairs for damaged canal baks at Had Sluice of Rampuram Major at Km.48.750 on Nagarjuna Sagar Jawahar Canal vide Agt.No.01-SE/20 23-24 Dated 16.12.2023, in Water Resources Department, NSJC O And M Circle Lingamguntia in NSJC Monitoring Division, Lingamguntia, Guntur District which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also consequently direct the violative of principles of natural justice and respondents to release the payment of amount for Rs.61,69,619/- due tojhe petitioner in respect of execution of work forthwith interest of 1 Spercent. 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.61,69,619/- due to the petitioner, after the successful execution of work for Urgent Repairs for damaged canal baks at Had Sluice of Rampuram Major at Km.48.750 on Nagarjuna Sagar Jawahar Canal vide Agt.No.01-SE/202 3-24, Dated 16.12.2023, in Water Resources Department, NSJC O&M Circle, Lingamguntia in NSJC Monitoring Division, Lingamguntia, Guntur District, 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 & 7: GP FOR FINANCE PLANNING The Court made the following order: APHC010450562024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] rfi •lu TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23305/2024 Between: 1.NIMMAGADDA NAVEEN KRISHNA, S/0. VENKATESWARA RAO, NEW GUNTUR, GUNTUR AGED 29 YEARS, OCC- CONTRACTOR, R/0. M14/15 MARKET BAZAR, VIJAYAPURI SOUTH 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 FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 3.THE CHIEF ENGINEERPROJECTS, NSP, GUNTUR. GUNTUR DISTRICT. 4.THE SUPERINTENDING ENGINEER, NSJC O AND M CIRCLE, LINGAMGUNTLA. GUNTUR DISTRICT. 5.THE EXECUTIVE ENGINEER, NSJC MONITORING DIVISION, LINGAMGUNTLA. GUNTUR DISTRICT. 6.THE DY EXECUTIVE ENGINEER, NSJC MONITORING SUB DIVISION, MACHERLA. GUNTUR DISTRICT. 7.THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS AND SECRETARY, 2 VS,J W.P.NO.23305 of2024 PROJECTS, NARASARAOPET. GUNTUR 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 to issue an appropriate writ or order or a direction more particularly one in the nature of respondents in not releasing the admitted LS-1st And Final bill amount of Rs.61,69,119/- even after finalized the bill long back payable to the petitioner after successful execution of work for Urgent Repairs for damaged canal baks Had Sluice of Rampuram Major at Km.48.750 on Nagarjuna Sagar Jawahar Canal vide Agt.No.01-SE/20 23-24 Dated 16.12.2023, in Water Resources Department, NSJC C And M Circle Monitoring Division, Lingamguntia, Guntur District 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 respondents to release the payment of amount for Rs.61,69,619/- due to the petitioner in respect of execution of work forthwith interest of 1 Spercent and to pass lA NO: 1 OF 2024 writ of MANDAMUS declaring the action of the at Lingamguntia in NSJC consequently direct the 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 the respondents to release the admitted bill amount of Pleased direct Rs.61,69,619/- due to the petitioner, after the successful execution of work for Urgent Repairs for damaged canal baks at Had Sluice of Rampuram Major at Km.48.750 on Nagarjuna Sagar Jawahar Canal vide Agt.No.01- SE/2023-24, Dated 16.12.2023, in Water Resources Department, NSJC C&M Circle, Lingamguntia in NSJC Monitoring Division, Lingamguntia, Guntur District, immediately, pending dispose! of the main writ petition and pass 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 to grant leave to the Respondent No. 5 to file Counter Affidavit in W.P.No. 23305 of 2024 and to pass Counsel for the Petitioner: 3 VS,J W.P.NO.23305 of2024 1.BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1.GP FORIRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: <1^ 4 VS,J W.P.NO.23305 of2024 ORDER This writ petition is filed under Article 226 of the Constitution the following relief: of India seeking '....to issue an appropriate writ or order or a direction more particuiarly in the nature of writ of MANDAMUS declaring the action respondents in not releasing the admitted LS-1^^ & Final bill Rs. 61,69,11 oz one of the amount of even after finalized the bill long back payable to the petitioner after successful execution of work for “Urgent Repairs damaged canal banks at Head Sluice of Ramapuram Major at Km. 46. Nagarjuna Sagar Jawahar Canal” vide Agt.No.01-SE/2023-24, dated 16.12.2023, for 750 on in Water Resources Department, NSJC 06<M Circle, Lingamguntia in NSJC Monitoring Division, Lingamguntia, Guntur District 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 consequently direct the respondents to release the payment of amount for Rs. 61,69,619/- due to the petitioner in respect of execution of work forthwith interest of 18% ...” and 2. The petitioner had been awarded the work of “Urgent Repairs damaged canal banks at Head Sluice of Ramapuram Major at Km.48.750 Nagarjuna Sagar Jawahar Canal for on vide Agt.No.01-SE/2023-24, dated 16.12.2023, in Water Resources Department. After execution of the said work, a final bill was prepared for a sum of Rs.61,69,119/- as per the sanctioned orders confirming the same, respondents also issued quality control certificate dated 07.02.2024. As the payment of the said amount has not been made by the respondents, the petitioner has by way of this writ petition. approached this Court 5 .4 VS,J W.P.N0.23305 of 2024 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 2. interference of this Court. This Court, in various orders, including the judgment of a learned Single 3. 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. Respondent No.5 filed a counter, wherein it is admitted that the work 4. was entrusted to the petitioner for agreement amount of Rs.60,46,225/-. It is further admitted that the petitioner has completed the works, and the final bill was prepared and the same was uploaded in the CFMS portal vide Bill No.2024-98337, dated 03.07.2024. However, due to non-release of the budget by the Government, the final bill has not been paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner, however, admitted the amount payable to the petitioner as per the quality control certificate dated 07.02.2024 filed by the petitioner to a tune of Rs.60,34,266/-. In view of the facts and circumstances submitted in the affidavit, and the 5. 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 retease the amount of Rs.60,34,266/- to the 6 VS,J W.P.N0.23305 of2024 dated 07.02.2024 issued by the respondents within a period of five (05) months from the date of receipt of a copy of this order. No costs. petitioner in accordance with the quality control certificate 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. 7. Consequently, Miscellaneous Petitions, if Petition shall stand closed. any, pending in this Writ Sd/- K KASIRAQ ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Irrigation and Command Area Development Department, Secretariat, Velagapudi, Amaravathi. 2. The Principal Secretary, Secretariat, Velagapudi, Amaravathi. 3. The Chief EngineerProjects, NSP, Guntur. Guntur District. 4. The Superintending Engineer, NSJC O And M Circle, Lingamguntla. Guntur District. 5. The Executive Engineer, NSJC Monitoring Division Guntur District. 6. The Dy Executive Engineer, NSJC Monitoring Sub-Division, Macherla. Guntur District. 7. The Assistant Pay And Accounts Officer, Works And Projects, Narasaraopet. Guntur District. 8. One CC to Sri. Battula Sanjaiah Gandhi, Advocate [OPUC] 9. Two CCs to GP For Irri And Cad, High Court of Andhra Pradesh [OUT] 10.Two CCs to GP For Finance Planning, High Court of Andhra Pradesh [OUT] 11.Two CD Copies. Finance and Planning Department, Lingamguntla. AL HIGH COURT TL DATED:02/09/2025 ORDER WP NO. 23305 OF 2024 ^ 2 0 SEP 2025 oV Sectioji/^ i&i i Co DISPOSING OF THE W.P. WITHOUT COSTS