APHC010506172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO:26396 of 2024 Between: 1. SRI VSR CONSTRUCTIONS, D.NO. 29/178-32-D2-2, SBI COLONY, NANDYAL, NANDYAL DISTRICT. REP.BY ITS MANAGING PARTNER VANGALA SATYANARAYANA REDDY, S/O. V.C. MADDILETI REDDY. 2. VANGALA SATYANARAYANA REDDY,, S/O. V.C. MADDILETI REDDY, AGED 62 YEARS, OCC CONTRACTOR, R/O. PLOT NO. 315, ROYAL HOMES, OPP SRBC ROAD, NANDYAL, NANDYAL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (IRRIGATION AND CAD) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THUIIUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THUIIUR MANDAL, GUNTUR DISTRICT. 3. STATE PROJECT DIRECTOR, APIIATP, O/O. COMMISSIONER, CADA, 3RD FLOOR, VYSYA BHAVAN, VIJAYAWADA. 4. THE CHIEF ENGINEER, MINOR IRRIGATION, WATER RESOURCES DEPARTMENT, 2ND FLOOR, VYSHABHAVAN, VIJAYAWADA. 5. SUPERINTENDING ENGINEER, WRD, IRRIGATION CIRCLE, KUMOOL, KUMOOL DISTRICT. VS,J W.P No.26396 of 2024 2 6. EXECUTIVE ENGINEER, M.I. DIVISION, NANDYAL, WATER RESOURCES DEPARTMENT, NANDYAL, NANDYAL DISTRICT. 7. DEPUTY EXECUTIVE ENGINEER, M.I. (W) SUB-DIVISION, ADONI, WATER RESOURCES DEPARTMENT, KUMOOL 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 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 not closing/ cancelling the contract works/Agreement, not measuring the works executed by the Petitioners and not finalizing bills towards bills for the works executed by the Petitioners including release of deposits i.e.. Rehabilitation of Kaminahal M.I.Tank (Independent) in Kaminahal Village in Halavarvi Mandal in Kurnool District under AP-llATP (World Bank Phase-11) through the Agreement No. SE/lC/KNL/33/ 2018-19, dated 04-12-2018 as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to measure the -works, finalize bills and to clear bills to the Petitioners by closing the contract works and pass IA 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 to direct respondents to measure the works executed by the Petitioners and record the same in Measurement Book, to finalize the bills and to pay the balance amounts of works forthwith to the Petitioners i.e.. Rehabilitation of Kaminahal M.I.Tank (Independent) in Kaminahal Village in Halavarvi Mandal in Kurnool District under AP-IIATP (World Bank Phase-II) through the Agreement No. SE/IC/KNL/33/ 2018-19, dated 04-12-2018, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING VS,J W.P No.26396 of 2024 3 The Court made the following Order: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…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 not closing/ cancelling the contract works/Agreement, not measuring the works executed by the Petitioners and not finalizing bills towards bills for the works executed by the Petitioners including release of deposits i.e.. Rehabilitation of Kaminahal M.I.Tank (Independent) in Kaminahal Village in Halavarvi Mandal in Kurnool District under AP-llATP (World Bank Phase-11) through the Agreement No. SE/lC/KNL/33/ 2018-19, dated 04-12-2018 as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to measure the -works, finalize bills and to clear bills to the Petitioners by closing the contract works and pass such other order or orders…” 2. The petitioner is a Registered Contractor, doing civil works like construction of Buildings, bridges, roads and canals etc. He was entrusted with different Government works on tender basis, for the financial year 2018- 2019. 3. The petitioner was entrusted with the works i.e., Rehabilitation of Kaminahal M.I.Tank (Independent) in Kaminahal Village in Halaharvi Mandal in Kurnool District under AP-IIATP (World Bank Phase-II) with an estimated cost of Rs.273.30 lakhs through a Agreement No.SE/IC/KNL/33/2018-19 dated 04.12.2018. 4. After completion of 70% of the works, the petitioner has submitted representations to the concerned authorities to measure the work and finalize the bills by closing the contract works and also to pay the bills by measuring the works. As the petitioner was facing difficulty to complete the balance work VS,J W.P No.26396 of 2024 4 due to non-payment of the part bill in time and also not measuring and finalizing the bills, the petitioner has submitted representation to the respondent No.5 on 10.07.2024 requesting him to measure the works and finalize the bills and also to clear the bills by closing the contract works. 5. As no order has been passed by the respondent No.5 till date, the learned counsel for the petitioner requests this Court to pass appropriate orders. 6. In the facts and circumstances of the case, the representation made by the petitioner on 10.07.2024 is pending before the respondent No.5 for consideration, without going into the merits of the case, this Court feels it appropriate to dispose of the writ petition, with a direction to the respondent No.5 to consider the representation made by the petitioner on 10.07.2024 and pass appropriate orders, in accordance with the agreement entered by the petitioner on 04.12.2018 within a period of four (04) weeks from the date of receipt of copy of this order. 7. With the above direction, this Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE V.SUJATHA Date:17.09.2025 KGR