f APHC010501272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WM MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT T>t^HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO; 26011 OF 2024 Between: 1. M S Infra, D.No.1-3-549-11, Chenna Reddy Colony, Pulivendula, YSR Kadapa District Rep by its Managing Partner Mr.D.Srikanth Reddy. 2. D.Srikanth Reddy, S/o. D. Rami Reddy, aged about 46 years, Occ. Business, M.S. Infra, D.No. 1-3-549-11 Chenna Reddy Colony, Pulivendula YSR Kadapa District. ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Chief Secretary to Govt. Andhra Pradesh, Secretariat, Velagapudi, Guntur District. ^ 2. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance Department, Secretariat Velagapudi, Guntur District. 3. The State of Andhra Pradesh, rep. by its Secretary, Water Resources (Irrigation) Department, Secretariat, Velagapudi, Guntur District. 4. The Engineer-in-Chief (Admn), Water Resources Department, Service Road, Currency Nagar Ramavarappadu Ring Vijayawada, A.P. 5. The Superintending Engineer, W.R.D., Irrigation Circle, YSR Kadapa District. ...Respondents 1 Petition under Article 226 of the , circumstances stated in the affidavit Constitution of India praying that in the filed therewith, the High Court may be pleased to issue appropriate writ, direction, order In the nature of Writ of Mandamus i 237"'' " by the Lm r'' »«• "w".™ ^ Kadapa District for the value or orders, more particularly in declaring the action on the part of one near , YSR - in respect of the payment of as illegal, arbitrary and and consequently an amount of Rs.21.21.267/- towards the executed by the petitioner firm. of work of Rs.2,30,09,756/- i payable part bill amount of Rs.21,21,267/- despite the claim for the bill amount is raised vide Token No. 2024-1251450 violative of Article 14 and 21 of the Constitution of India direct the respondents to release part bill amount for the works jA NO: 1 OF 9()7A in the3",r" ''' "" ---stances stated direct thi e7 d to part bH R^-21.21,267/- towards the Part^. amount for the wor.s executed by the petitioner hrm i.e. Construction Kasanur V II "" vagu near Chandrasekhar Reddy fields in Village, Simhadripuram Mandal, YSR Kadapa District disposal Of the Writ Petition. Counsel for the Petitioners: Counsel for the Respondent Nos. Counsel for the Respondent No. Counsel for the Respondent No. The Court made the following order: pending SRI K NAVEEN KUMAR 3 to 5: GP FOR IRR| AND CAD 1: GP FOR GENERAL ADMINISTRATION 2: GP FOR FINANCE & PLANNING REGISTRAR APHC010501272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 26011/2024 Between: 1.M S INFRA. D.NO.1-3-549-11, CHENNA REDDY COLONY PULIVENDULA, YSR KADAPA DISTRICT REP BY ITS managing PARTNER MR.D.SRIKANTH REDDY. 2.D.SRIKANTH REDDY, S/0. D. RAMI REDDY, AGED about 46 YEARS, OCC. BUSINESS, M.S. INFRA, D.NO.1-3-549-11 CHENNA REDDY COLONY, PULIVENDULA YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS CHIEF SECRETARY TO ANDHRA PRADESH, SECRETARIAT, GOVT. VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS FINANCE DEPARTMENT, PRINCIPAL SECRETARY SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY WATER RESOURCES (IRRIGATION) DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR . DISTRICT. 4.THE ENGINEER IN CHIEF ADMN, WATER RESOURCES DEPARTMENT SERVICE ROAD, CURRENCY NAGAR RAMAVARAPPADU RING VIJAYAWADA, A.P. 5.THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE YSR KADAPA DISTRICT. W.R.D., ...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 appropriate writ, direction, or der or orders, more particularly in the nature of Writ of Mandamus in de daring the action on the part of the respondents in not releasing bill payment for the works executed by the petitioner firm i.e. Construction of Check Dam across .Mogameru vagu near Chandrasekhar Reddy fields in Kasanur Village, Simhadripuram Mandal, YSR Kadapa District for the value of work of Rs.2,30,09,756/- in respect of the payable part bill amount of Rs.21,21,267/- despite the claim for the payment of bill amount is raised vide Token No. 2024- 1251450 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs.21,21,267/- towards the part bill amount for the works executed by the petitioner firm and to one pass lA NO: 1 OF 2024 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to release an amount of Rs.21,21,267/- towards the part bill amount for the works executed by the petitioner firm i.e. Construction of Check Dam across Mogameru vagu Chandrasekhar Reddy fields in Kasanur Village, Simhadripuram Mandal, YSR Kadapa District, pending dis posal of the Writ Petition and pass praying that in the near Counsel for the Petitioner(S): 1.KNAVEEN KUMAR Counsel for the Respondent(S): 1.GP FOR IRRIANDCAD 2.GP FOR GENERAL ADMINISTRATION 3.GP FOR FINANCE PLANNING The Court made the following order: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.26011 OF 2024 ORDER:- 1. The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs.21,21,267/- to the petitioner despite completion of works i.e., Construction of Check Dam across Mogameru vagu near Chandrasekhar Reddy fields in Kasanur Village, Simhadripuram Mandal, YSR Kadapa District. 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 No.7SE/2021-2022, dated 23.06.2021 with respondent No.5. 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 No.4 inspected the execution of work at regular intervals and after completion of the same, the respondent No.4 issued Quality Control Certificate dated 19.03.2024 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. Despite the same, the respondents did not release the said amount of Rs.21,21,267/- in favour of the petitioner. Questioning the said action, the present writ petition is filed. 3. On the other hand, the learned Government Pleader for Irrigation would fairly submit that the petitioner has executed the above mentioned works and did not dispute the Quality Control Certificate dated 19.03.2024 issued by respondent No.4. 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 Government Pleader for Irrigation and CAD. 4. 5. Perused the material available on record. 6. It is not in dispute that the petitioner has entered into agreement No. 7SE/2021-2022 with respondent No.4 dated 23.06.2021 and he has completed the works i.e.. Construction of Check Dam across Mogameru vagu near Chandrasekhar Reddy fields in Kasanur Village, Simhadripuram Mandal, YSR Kadapa District. Further on perusal of the Quality Control Certificate dated 19.03.2024, it is clear that the petitioner has executed the same 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. 7. In view of the above, the Writ Petition is allowed and the respondents are directed to pay an amount of Rs.21,21,267/- to the petitioner within a period of eight (08) weeks from the date of receipt of the order. It is needless to mention that in so far as interest component is concerned, the petitioner is at liberty to take steps available under law. No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// //r' SECTION OFFICER To, The Chief Secretary to Govt. Andhra Pradesh, Secretariat, Velagapudi, Guntur District. The Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District. The Secretary, Water Resources (Irrigation) Department, Secretariat, Velagapudi, Guntur District. 4. The Engineer-in-Chief Admn, Water Resources Department Service Road, Currency Nagar Ramavarappadu Ring Vijayawada, A.P. 5. The Superintending Engineer, W.R.D., Irrigation Circle, YSR Kadapa District. 6. One CC to Sri K Naveen Kumar Advocate [OPUC] 1 2. 3. 7. Two CCS to GP for Irri and CAD. High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for General Administration, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies TF HIGH COURT DATED:28/07/2025 ORDER WP NO. 26011 OF 2024 gf 21 AUG 2025 Jg ^SsQufrent ALLOWING THE W.P. WITHOUT COSTS