APHC010531892024 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: 28185/2024 Between: 1. VKR CONSTRUCTIONS, REPRESENTED BY ITS MANAGING PARTNER S. VENKATA KRISHNA REDDY, S/O. VENKATA SUBBA REDDY, AGED 50 YEARS, R/O. FLAT NO. 401, KRISHNA SAI RESIDENCY, 8TH STREET, NETHAJI NAGAR, A.K. NAGAR, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, 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 EXECUTIVE ENGINEER, W.R.D., DRAINAGE DIVISION, 2 TCDS,J W.P.No.28185 of 2024 NELLORE, SPSR NELLORE DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB- DIVISION, KODAVALUR 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 (1) Temporary Restoration to Modegunta Vidavalur Channel near Ramannapalem Village in Kodavalur Mandal of SPSR Nellore District vide Agreement No. 34/FDR/DN/2022-23 (Agt. Value of Rs. 28,77,302/-) and (2) Temporary Restoration to Surplus Course channel Banks damaged and removal of obstructions near Konampadu Village in Kodavalur Mandal of SPSR Nellore District vide Agreement No. 797/FDR/2021- 22 (Agt. Value of Rs. 12,83,929) 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 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 the respondents to consider the payment of amount payable to the (1) Temporary Restoration to ModeguntaVidavalur Channel near Ramannapalem Village in KodavalurMandal of SPSR Nellore District vide Agreement No. 34/FDR/DN/2022-23 (Agt. Value of Rs. Value of Rs. 28,77,302/-) and (2) Temporary Restoration to Surplus Course channel Banks damaged and removal of obstructions near Konampadu Village in KodavalurMandal of SPSR Nellore District vide Agreement No. 3 TCDS,J W.P.No.28185 of 2024 797/FDR/2021-22 (Agt. Value of Rs. 12,83,929) 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 IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING 4 TCDS,J W.P.No.28185 of 2024 The Court made the following order: The petitioner company claims that, pursuant to the online tenders invited by the 5th respondent, the petitioner participated in the same and became the successful bidder. Subsequently, the petitioner entered into agreement vide Agreement Nos.34/FDR/2022- 2023, dated 24.08.2022 and 797/FDR/2021-22, dated 10.02.2022. In furtherance thereto, the petitioner executed the works of (1) “Temporary Restoration to Modegunta Vidavalur Channel near Ramannapalem Village in Kodavalur Mandal of SPSR Nellore district” and (2) “Temporary Restoration to Surplus Course channel Banks damaged and removal of obstructions near Konampadu Village in Kodavalur Mandal of SPSR Nellore District” and completed the works within the time prescribed in the agreements. 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 16.03.2023, for the reasons best 5 TCDS,J W.P.No.28185 of 2024 known to the respondents, the said amount has not been released till today. Questioning the same, the present writ petition is filed. 2. On the other hand, learned Government Pleader for Irrigation would fairly submit that the petitioner has executed the aforementioned works, and did not dispute the Quality Control Certificate dated 16.03.2023 issued by the respondents. 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 subject agreements. 4. In view of the above, the Writ Petition is disposed of, directing the respondents to release the amount payable to the petitioner in respect of works completed by the petitioner under the subject agreements, 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