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2025 DAILYLAW 35503 (AP)

R SUNDARAMI REDDY v. THE STATE OF ANDHRA PRADESH

WP/29589/2024 · 2025-07-22

T C D Sekhar

body2025

Judgment text

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APHC010565582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 29589 OF 2024 Between: R. Sundarami Reddy, S/o. Malakonda Reddy, Aged 61 years, R/o. Ananthasagaram Post, Ananthasagaram Mandal, SPSR Nellore District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Special Principal Secretary, Water Resource Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District The State of Andhra Pradesh, Rep. by its Special Chief Secretary, A.P. Secretariat, Velagapudi, Amaravati, Guntur District The Commissioner, Common Area Development Authority, Resource Department, Vijayawada 2. 3. Water ...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 mostly one which is in the nature of a Writ of Mandamus declaring the action of the Respondents in not expediting payment of pending bills by the concerned authorities in terms of G.O.Ms.No.31 WR (CADA) Department dated 03-08-2020 for the works executed during the previous tenures of Water Users Association as illegal. arbitrary, unreasonable, unconstitutional, unjustified and unsustainable and consequently direct the Respondents to make payment of pending bills of the '.V, previous tenures by the concerned authorities in terms of G.O.Ms.No.31 WR (CADA) Department dated 03-08-2020. 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 to consider the Representation dated 25-11-2024 and to expedite payment of pending bills of the previous tenures in terms of G.O.Ms.No.31 WR (CADA) Department dated 03-08-2020. Counsel for the Petitioner: M/s. SODUM ANVESHA Counsel for the Respondent Nos.1 & 3: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.2: GP FOR GENERAL ADMINISTRATION The Court made the following order: APHC010565582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 29589/2024 Between; 1.R SUNDARAMI REDDY, S/0. MALAKONDA REDDY, AGED 61 YEARS, R/0. ANANTHASAGARAM POST, ANANTHASAGARAM MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL PRINCIPAL SECRETARY, WATER RESOURCE. A.P. SECRETARIAT, VELAGAPUDI, DEPARTMENT, AMARAVATI, GUNTUR DISTRICT 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3.THE COMMISSIONER, COMMON AREA DEVELOPMENT WATER RESOURCE DEPARTMENT, AUTHORITY, VIJAYAWADA ...RESPONDENT(S): 2 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 topleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the Respondents in not expediting payment of pending bills by the concerned authorities in terms of G.O.Ms.No.31 WR (CADA) Department dated 03-08- 2020 for the works executed during the previous tenures of Water Users Association as illegal, arbitrary, unconstitutional, unjustified and unsustainable and consequently direct the Respondents to make payment of pending bills of the previous tenures by G.O.Ms.No.31 WR (CADA) Department dated 03-08-2020 and unreasonable. the concerned authorities in terms of pass lA NO: 1 OF 2024 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents to consider the Representation dated 25-11-2024 and to expedite payment of pending bills of the previous tenures in terms of G.O.Ms.No.31 WR (CADA) Department dated 03-08- ,2020 and pass Counsel for the Petitioner: praying that in the 1.SODUM ANVESHA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 3 The Court made the following order: The only grievance of the petitioner is that, despite execution of works entrusted to him by the Water User’s Association in GKN Canal in the jurisdiction control of S.P.Sub Division No.2, Somasila, the respondents did not pay the bills to him. In connection with the same, the petitioner made representation dated 25.11.2024 to the respondent Nos.1 & 3. Despite making the said representation, there is no action from the respondents. Aggrieved by the same, the present writ petition is filed. On the other hand, learned Assistant Government Pleader 2. for Irrigation placed instructions dated 05.05.2025, issued by the Executive Engineer, S.P Division No.1, Somasila. On perusal of the said instructions, it is clear that the bills are kept ready for uploading in OEMS portal. Since the portal is inactive, uploading of the bills could not be done. The said instructions further read that, the respondents are taking steps to see that, the payment is made to the petitioner within four (04) weeks. The said instructions are placed on record. 4 3. Having regard to the submissions made by the learned counsel for the petitioner and learned Assistant Government pleader for Irrigation, the present writ petition is disposed of directing the respondents to process the bills that are pending against the petitioner and release the same within a period of six (06) weeks from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- U. SRSDEVi ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Principal Secretary, Water Resource Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, District 2. The Special Chief Secretary, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District 3. The Commissioner, Common Area Development Authority, Resource Department, Vijayawada 4. One CC to M/s. Sodum Anvesha, Advocate [OPUC] 5. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. Amaravati, Guntur A.P. Water ssb f ■If HIGH COURT DATED:23/07/2025 ORDER WP No.29589 OF 2024 5 11 AUG ?n» s ^ . Currant iraciion . ^ DISPOSING OF THE W.P. WITHOUT COSTS