APHC010016922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1097/2025 Between: 1. SRI YANAMALA NIRANJAN, S/O. MASTHANAIAH, AGED 50 YEARS, R/O. H. NO. 27-4- 1053, BEHIND OF DEVI PARADISE APARTMENT, BALAJI NAGAR, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 4. THE SUPERINTENDENT OF ENGINEER, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 5. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, NELLORE, SPSR NELLORE DISTRICT. 2 TCDS,J W.P.No.1097 of 2025 6. THE DEPUTY EXECUTIVE ENGINEER, DRAINAGE SUB- DIVISION NO.3, ALLUR MANDAL, SPSR NELLORE 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 writ of Mandamus declaring the action of the respondents, in non-payment of amount due to me even after finalizing the bills, payable to me in relation to the works executed by them under Maintenance of Inspection path to Pyderu major drain near Kammapalem (V) in Kodavalur (M) of SPSR Nellore District vide Agreement No. 17/O AND M/DN/2021-22 and Agt value of Rs. 34,74,246/- as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amount due to the petitioner in respect of execution of works forthwith and to pass IA 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 direct the respondents to consider the payment of amount payable to the petitioner Maintenance of Inspection path to Pyderu major drain near Kammapalem (V) in Kodavalur (M) of SPSR Nellore District vide Agreement No. 17/O&M/DN/2021-22 and Agt value of Rs. 34,74,246/-” immediately, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. C VAMSI KRISHNA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 TCDS,J W.P.No.1097 of 2025 The Court made the following order: The petitioner claims that, pursuant to the online tenders invited by the 5th respondent on 24.06.2021, the petitioner participated in the same and entered into an agreement with the 5th respondent vide Agreement No.17/O&M/DN/2021-22, dated 31.08.2021. In furtherance thereto, the petitioner executed the work of “Maintenance of Inspection path to Pyderu major drain near Kammapalem (V) in Kodavalur (M) of SPSR Nellore District” and completed the work within the time prescribed in the agreement. It is further case of the petitioner that the Engineers in the Irrigation Department have inspected the works executed by the petitioner and, thereafter, the same were super-checked by the Quality Control Team. The 5th respondent, after full satisfaction, forwarded the records i.e., agreements, M-book, bill forms etc. to the Accounts Department, so as to pay the same to the petitioner. It is further case of the petitioner that despite completion of works within the stipulated time and coupled with the fact that the Quality Control Team has issued Quality Control Certificate dated 13.02.2024, for the reasons best known to the respondents, the said amount has not been released till today. Questioning the same, the present writ petition is filed. 4 TCDS,J W.P.No.1097 of 2025 2. On the other hand, learned Government Pleader for Irrigation would fairly submit that the petitioner has executed the aforementioned works, did not dispute the Quality Control Certificate dated 13.02.2024 issued by the respondents, and has also admitted that the petitioner is entitled for a bill of amount of Rs.34,74,246/-. 3. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for Irrigation, there is no justification on the part of the respondents in not releasing the amount payable to the petitioner in respect of works completed by the petitioner in terms of agreement dated 31.08.2021. 4. In view of the above, the Writ Petition is disposed of, directing the respondents to pay an amount of Rs.34,74,246/- (Rupees thirty four lakhs seventy four thousand two hundred and forty six only) to the petitioner within a period of ten (10) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date.30.07.2025 KGR