IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY/"^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 28826 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{S) AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary to Government, Irrigation and CAD Water Resources Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector (Irrigation Wing), Krishna District, at Machilipatnam 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 86 Water Resources Department, Irrigation Circle Office, Vijayawada, N.T.R. District. 5. The Executive Engineer, Water Resources Department, Drainage Division, Gudivada, Krishna District. 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 its 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.13,37,751/- vide Agreement No. 17/2023-24, dated 20.07.2023 and M.Book.No.5855DG, with interest of execution of completion of O and M works under Irrigation Department, name of Work, O and M to Removal of Weed growth in Vadlamannadu major Drainage Basin, 2023-24, 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.13,37,751/- 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 petition, the High Court may be pleased to direct the respondents releasing the Final Bill amount of Rs.13,37,751/- vide Agreement No.17/2023- 24, dated 20.07.2023 and M.Book.No.5855DG, with interest of execution of completion of O and 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 CAD Counsel for the Respondent Nos.7 & 8: GP FOR FINANCE & PLANNING The Court made the following: ORDER 1 W.P.No.28826 of 2024 APHC010552032024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 28826/2024 Between: ...PETITIONER Veeranki Sridhar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others 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: 2 W.P.No.28826 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 by declaring the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 13,37,751/- vide Agreement No. 17/2023-24, dated 20.07.2023 and M.Book.No.5855DG,with interest of execution of completion of O&M works under Irrigation Department, name of Work: O&M to removal of weed growth in Vadlamannadu major Drainage Basin, 2023-24, 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.13,37,751/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass such...” \. 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. 02. On the other hand, the learned Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer (FAC), 03. 3 P W.P.No.28826of 2024 Drainage Division, Gudivada, vide letter No.EE/DRG/GDV/AB/A4/Cou rt Cases/118'^, dated 20.01.2025. He further submitted that the bill was not uploaded in CFMS due to the reason that it was not received from the Drainage Sub-Division, Machilipatnam office. 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.13,37,751/- (Thirteen Lakh Thirty Seven Thousand Seven Hundred Fifty One 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/- K.KASI RAO ACHARI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, The Principal Secretary to Government, Irrigation and CAD Water Resources Department, State of Andhra Pradesh, Secretariat Buildings A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector (Irrigation Wing), Krishna District, at Machilipatnam The Engineer-in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, N.T.R. District, The Superintending Engineer, Superintending Engineer Irrigation 86 Water Resources Department, Irrigation Circle Office, Vijayawada, N.T.R. District. 1. 2. 3. 4. 5. The Executive Engineer, Water Resources Department, Drainage Division, Gudivada, Krishna District. 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 CAD, High Court of A.P. at Amaravati[OUT] 11. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 12. Three CD Copies. ssb HIGH COURT DATED:27/01/2025 ORDER WP.No.28826 of 2024 5 01 APR 2025 'S Current section .y ^4£esPATCW^5^ a ALLOWING THE W.P. WITHOUT COSTS