IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE MS JUSTICE B. S. BHANUMATHI WRIT PETITION NO: 28828 OF 2024 Between: Veeranki Sridhar, S/o. Satyanarayana Aged about 47 years, Occ: Contractor R/o. D.No. 3-70, Near Water Tank, Velavadam Post, Mylavaram Mandal, N.T.R. District. 521230. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretaryto Government Irrigation and CAD Water Resources Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector (Irrigation Wing), N.T.R. District At Vijayawada 3. The Engineer-in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, N.T.R. District, 4. The Superintending Engineer, Superintending Engineer Irrigation and Water Resources Department, Irrigation Circle Office, Vijayawada, N.T.R. District. 5. The Executive Engineer, Water Resources Department, Special Division , N.T.R District at Vijayawada 6. The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada, N.T.R. District. 7. The Pay and Accounts officer, Suryapeta, near Andhra Hospital Vijayawada, N.T.R District. 8. The State of Andhra Pradesh, Rep. by it's Principal Secretary, Finance and Planning Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District. ...RESPONDENTS 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, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 17,50,396/- i.e., 1). Amount of Rs.9,03,070/- vide Agreement No. 05/2023- 24 and M.Book.No. 4812, name of Work is O and M such as Removal of weed in TRLI RMC canal between Km. 0.00 to Km. 9.400 and LMC of TRLI for a length of Km. 0.000 to 6.600 Km of Krishna District for the year 2023-2024, 2). Amount of Rs. 8,47,326/- Agreement No. 08/2023-24 and M.Book.No. 10293A, name of work is O and M such as temporary restoration of sangapadu supply channel of ponnavaram, Anasagaram, Venganayakakunipalem and sangapadu villages in Penuganchiprolu (M), N.T.R. (dt) with interest of execution of completion of O and M works under irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bill of total amount worth of Rs. 17,50,396/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents releasing the Final Bill amount of Rs. 17,50,396/-, with interest of execution of completion of O&M works under Irrigation Department as per agreement to the petitioner forthwith. Counsel for the Petitioner : SRI PAMARTHI KAMESWARA RAO Counsel for the Respondent Nos.1 to 6 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent Nos.7 & 8 : GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010552072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0M0 [3311] 0 MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 28828/2024 Between; Veeranki Sridhar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: m 2 W.P.No.28828 of 2024 ORDER: This writ petition is filed seeking the following relief: “...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.17,50,396/- i.e., 1)Amount of Rs.9,03,070/- vide Agreement No.05/2023-24 and M.Book.No.4812, name of Work is O&M such as Removal of weed in TRLI RMC canal between Km.0.00 to Km.9.400 and LMC of TRLI for a length of Km. 0.000 to 6.600 Km of Krishna District for the year 2023-2024, 2) Amount of Rs.8,47,326/- Agreement No.08/2023-24 and M.Book.No. 10293A, name of work is O&M such as temporary restoration of Sangapadu supply channel of Ponnavaram, Anasagaram, Venganayakakunipalem and Sangapadu Villages in Penuganchiprolu (M), N.T.R. (D) with interest of execution of completion of O&M works under Irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bill of total amount worth of Rs.17,50,396/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass...” 02. 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- ; 3 W.P.No.28828of 2024 payment of money is clearly arbitrary and high-handed, requiring the interference of this Court. On the other hand, the learned Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed record instructions received from the Executive Engineer, Special Division, Vijayawada, vide letter No:EE/SPL/DIVA/JAAA/P No.28828/2024, dated 18.01.2025. The relevant portion of the written instructions is usefully extracted as follows: 03. on “the bill is under process at various stages in the department, soon after completion of the process and also after receipt of LOG, the bill will be uploaded for payment” In view of the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation, this Writ Petition is allowed with a direction to the respondents to release the amount of Rs. 17,50,396/- (Seventeen Lakh Fifty Thousand Three Hundred Ninety Six Rupees only) to the petitioner, as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within a period of two (02) months from the date of receipt of a copy of this order. However, if the petitioner is entitled to any higher amount, the same shall also be paid as per the entitlement. There shall be no order as to costs. 04. 05. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// sect^Tofficer To, 1. The Principal Secretary to Government Irrigation and CAD Water Resources Department, State of Andhra Pradesh, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector (Irrigation Wing), N.T.R. District at Vijayawada. 3. The Engineer-in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, N.T.R. District, 4. The Superintending Engineer, Superintending Engineer Irrigation and Water Resources Department, Irrigation Circle Office, Vijayawada, N.T.R. District. 5. The Executive Engineer, Water Resources Department, Special Division , N.T.R District at Vijayawada. 6. The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada, N.T.R. District. 7. The Pay and Accounts officer, Suryapeta, near Andhra Hospital, Vijayawada, N.T.R District. 8. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 9. One CC to Sri Pamarthi Kameswara Rao, Advocate [OPUC] 10.Two CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 12. Three C.D. Copies. Cnr HIGH COURT DATED:27/01/2025 ORDER X 01 APR 2025 WP.No.28828 of 2024 ^^ . Current section ALLOWING THE W.P. WITHOUT COSTS