APHC010522252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 27165/2024 Between: The Water User Association No.33 ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING JS,J W.P.No.27165 of 2024 2 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing Withheld amount for the works executed by the petitioner under the scheme Neeru Chettu Providing Execution of Works i) Repairs to Pipe culverts under Revanur branch channel of KC Canal system through the Agreement No. 526/2017-18 and dated 28.12.2017 for an amount Rs.44,967/-, ii) Repairs to Damaged lining and Strengthening of L/s bank Ontivelagala channel ii between 0.000 tail end Off Take at Km 9.00 of Revenur Branch channel of KCC Canal system through the Agreement No. 529/201718 and dated 28.12.2017 for an amount Rs. 64,575/-, iii) Repairs to Ayacut road from M Krishnapuram to B V Nagar, near B V Nagar (v), Gospadu (M) through the Agreement No.476/2017-18 and dated 25.11.2017 for an amount Rs. 67,023/-, iv) Repairs to Ayacut road from Ontivelagala channel to Gundupapala channel in between Jillella to Revanur village fields Gospadu (M) through the Agreement No. 474/2017-18 and dated 25.11.2017 for an amount Rs. 67,302/-, v) Repairs to Damaged Lining and strengthening of US bank of Revanur branch channel in between Km 6.000 to 10.000 near Ontivelagalav Gospadu (M) through the Agreement No. 528/2017-18 and dated 28.12.2017 for an amount Rs. 58,863/-, vi) Repairs to Ayacut road from NadikkI road to Ontivelagala channel rasta near Ontivelagala (v), Gospadu (M) through the Agreement No. 841/2017-18 and dated 26.02.2018 for an amount Rs. 71,245/-, vii) Repairs to Ayacut road from M Krishnapuram to towards Gospadu up to Revanuru Branch Channel of Gospadu (v & m) through the Agreement No. 477/2017-18 and dated 25.11.2017 for an amount Rs. 67,027/-, viii) Repairs to Ayacut road from Ontivelagala Gospadu road and Tellapuri road near Ontivelagala (v), Gospadu (m) through the Agreement No. 473/2017-18 and dated 25.11.2017 for an amount Rs. 67,135/-, ix) Repairs to Pipe culverts under Ontivelagala channel tail end off Take at Km 9.00 or Revanur Branch channel of K C Canal System through the Agreement No. 527/2017-18 and dated 28.12.2017 for an amount Rs.58,385/-, x) Repairs to Ayacut road from Gospadu to M JS,J W.P.No.27165 of 2024 3 Krishnapuram near gospadu (v), Gospadu (m) through the Agreement No. 475/2017-18 and dated 25.11.2017 for an amount Rs. 67,239/- totaling an amount of Rs.6,33,761/- with 18 percent interest is illegal arbitrary and contrary to law and unconstitutional and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release the Withheld amount of Rs. 6,33,761/- with 18 percent per annum to the petitioner in respect of the execution of aforementioned works forthwith and to pass such other order or orders…….…….” 2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends that such non- payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 3. On the other hand, learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, on oral instructions, submitted that the bills are pending for fund clearance, and prayed to pass appropriate orders. 4. In view of the submissions of learned counsel for the petitioner and learned Government Pleader for Irrigation, this Writ Petition is disposed of, with a direction to the respondents to release the total amount of Rs.6,33,761/- (WHA) to the petitioner along with interest on the said amount as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch JS,J W.P.No.27165 of 2024 4 of cases dated 12.10.2023, within a period of two (2) months from the date of receipt of a copy of the order. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ SMT JUSTICE SUMATHI JAGADAM 3rd April, 2025 spp/cbs JS,J W.P.No.27165 of 2024 5 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No.27165 of 2024 3rd April, 2025 spp/cbs