APHC0107286120'17 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ElVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOS: 10835. 7927. 10779. 10745, 10253 AND 10383 OF 2017 WRIT PETITION NO: 10835 OF 2017 Between: M/s Rithwik Projects Pvt. Ltd, Plot No. 37 & 39, Navodaya Colony, Road No.2, Banjara Hills, Hyderabad-34. ...Petitioner AND Water Resources Department 1. The State of Andhra Pradesh Represented by its Principal Secretary, Amaravati, Andhra Pradesh. Director of Works Accounts (A.P), Ibrahimpatnam (v) & (M) 2. The Krishna District, Andhra Pradesh. Chief Engineer (Projects), Water Resources Department, 3. The Ananthapuramu, Ananthapuramu District, Andhra Pradesh 4. The Superintending Engineer, HNSS Circle No.2, Ananthapuramu Ananthapuratmu District, Andhra Pradesh. HNSS division 6 Ananthapuramu, 5. I he Executive Engineer, Anathapuramu District, Andhra Pradesh. Pay and Accounts Officer, Works & Projects 6. The Assistant Ananthapuramu. Ananthapuramu District, Andhra Pradesh ...Respondents 7_ 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, particularly one in the nature of a Writ of Mandamus declaring Memo No. DWA/AP/HYD/Snl/A1/2016-17/10.217 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms. No. 125 dated 29.12.2016 (insofar as it affects the Petitioner's rights) issued by the 1st Respondent as illegal, arbitrary, unconstitutional and consequently direct the Respondents to desist from acting on the same. lA NO: 1 OF 2017(WVMP 4621 OF 2017) 1. The State of Andhra Pradesh, Water Resources Department, Represented by its Principal Secretary, Amaravati, Andhra Pradesh. 2. The Chief Engineer (Projects), Water Resources Department, Ananthapuramu, Ananthapuramu District, Andhra Pradesh. 3. The Superintending Engineer, HNSS Circle No.2, Ananthapuramu, Ananthapuratmu District, Andhra Pradesh. 4. The Executive Engineer, HNSS division-6, Ananthapuramu, Anathapuramu District, Andhra Pradesh. ...Respondents/Petitioners AND 1. M/s Rithwik Projects Pvt. Ltd, Plot No. 37 & 39, Navodaya Colony, Road No.2, Banjara Hills, Hyderabad-34. ...Petitioner/Respondent 2. The Director of Works Accounts (A.P), Ibrahimpatnam (v) & (M), Krishna District, Andhra Pradesh. 3. The Assistant Pay and Accounts Officer, Works & Projects, Ananthapuramu. Ananthapuramu District, Andhra Pradesh. ...Respondents/Respondents 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 vacate the interim orders dt; 27-03-2017 passed in WPMP.No. 13442/2017 in WP.No.10835/2017 and dismiss the writ petition as there are no merits in it lA NO: 2 OF 2017(WPMP 13442 OF 2017) 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 pay monies payable to the Petitioner in connection 06/2015-16 dated 13.08.2015 and Agreement No. with Agreement No. 07/2015-16 dated 13.08.2016 in accordance with the agreements without of sand costs and to pay to the deducting any amounts towards recovery which have been deducted till date towards recovery of Petitioner amounts cost of sand. lA NO: 3 OF 2017(WPMP 13443 OF 2017 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 suspend the impugned Memo no. DWA/AP/HYD/Sn-1/A1/2016-17/No.217 22.08.2016 and G.O.Ms. No.125 dated 29.12.2016 (insofar as it affects the Petitioner's rights). Counsel for the Petitioner: MEKA RAHUL CHOWDARY Counsel for the Respondent Nos. 1,3 to 5: GP FOR IRRI AND CAD Counsel for the Respondent Nos. 2 and 6: GP FOR FINANCE PLANNING dated APHC010133672017 ■I-: WRIT PETITION NO: 7927 OF 2017 Between: S.R. Constructions, D.No.7/272, Kakatiya Residency, Court Road, Anantapur, Rep. by its Partner, D.Venkatesh, S/o D. Narasimhulu, Aged 46 years. ...Petitioner AND 1. State of Andhra Pradesh Water Resources Department, Rep. by its Principal Secretary, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director of Water Accounts, (A.P.), Arjuna Tower, 1st Floor, Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh. 3. The Chief Engineer (Projects), Water Resource Department, HNSS Project, Anantapur. 4. The Superintendent Engineer, HNSS, Irrigation circle No.II, HLC Colony, Anantapur. 5. The Executive Engineer, HNSS, Penugonda (Division), Anantapur. 6. The Pay and Accounts Officer, Works Projects, HCL Colony, Anantapur. 7. The Assistant Pay Accounts Officer, Works Payments, HCL Colony, Anantapur. ...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 a Writ of Mandamus or any other appropriate Writ or Writs, Order or orders. Direction or directions, declaring Memo. No. DWA/AP/HYD/Spl/A1/2016-17/No.2017 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms.No.125 dated:29.12.2016 issued by the 1st Respondent (insofar as it affects the petitioner's rights) as illegal, arbitrary, unconstitutional and consequently direct the respondents to desist from acting on the same 3 lA NO: 1 OF 2017(WVMP 2042 OF 2017) Between: 1. State of Andhra Pradesh Water Resources Department, Rep. by its Principal Secretary, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Chief Engineer (Projects), Water Resource Department, HNSS Project, Anantapur. Superintendent Engineer, HNSS, Irrigation circle No.ll, HLC Colony, Anantapur. 4. The Executive Engineer, HNSS, Penugonda (Division), Anantapur. ...Respondents/Petitioner 3. The AND 1. S.R. Constructions, D.No.7/272, Kakatiya Residency, Court Road, Anantapur, Rep. by its Partner, D.Venkatesh, S/o D. Narasimhulu, Aged 46 years. Petitioner/Respondent of Water Accounts, (A.P.), Arjuna Tower, 1st Floor, 2. The Director Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh. Officer, Works Projects, HCL Colony 3. The Pay and Accounts Anantapur. 4 jhe Assistant Pay Accounts Officer, Works Payments, HCL Colony, Anantapur. ...Respondents/Respondents 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 interim orders dt: 27-03-2017 passed in WPMP.No.9775/2017 in vacate the WP.No.7927/2017 and dism/iss the writ petition as there are no merits in it lA NO: 2 OF 2017(WPMP 9775 OF 2017) 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 grant Interim directions to direct the Respondents to pay the monies payable to the Petitioner in connection with the Agreement No.27/2015-2016 dated 27.02.2016 of "HNSS Project - Phase II - Package No.25 (Balance Work) - Earth Work Excavation of Punganur Branch Canal from Km.20.00 to Km.30.00 including formation of Cherlopalli Reservoir and Construction of CM & CD works under HNSS Phase-ll in Anantapur District (25B), without deducting any amounts towards recovery of sand cost. lA NO: 3 OF 2017(WPMP 9776 OF 2017) 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 grant Interim directions to suspend the impugned Memo. No.DWA/AP/ HYD/Spl/A1/2016-17/No.2017 Dt.;22.08.2016 issued by the 2nd Respondent and G.O.Ms. No.125 dated 29.12.2015 issued by the 1st Respondent (in so far as it affect the Petitioner's rights) Counsel for the Petitioner: SRI M PRASADA RAO Counsel for the Respondent Nos. 1,3 to 5: GP FOR IRRI AND CAD Counsel for the Respondent Nos. 2, 6 and 7: GP FOR FINANCE PLANNING APHC010626222017 WRIT PETITION NO: 10779 OF 2017 Between: M/s Rithwik Projects Pvt. Ltd., Plot No. 37 & 39, Navodaya Colony Road No.2, Banjara Hills. Hyderabad-34. ...Petitioner AND 1. The State of Andhra Pradesh, Water Resources Department, Represented By its Principal Secretary, Amaravati. 2. The Director of Works Accounts (A.P), Ibrahimpatnam (V) & (M), Krishna District, Andhra Pradesh. 3, The Chief Engineer (Projects), NTR Teiugu, Ganga Project (TGP), Water Resource Department, Tirupathi, Chitoor District, Andhra Pradesh. 4. The Superintending Engineer, HNSS Circle No.2, HLC Colony, Ananthapuramu, Ananthapuramu District, Andhra Pradesh. 5. The Executive Engineer HNSS division 10, Dharmavaram, Ananthapuramu District, Andhra Pradesh. 6. The Assistant Pay Accounts Officer Works, projects, Ananthapuramu, Ananthapuramu District, Andhra Pradesh ...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 be urged during the hearing of this petition, it is prayed that this Hon'ble Court be pleased to issue an appropriate writ, order or direction, declaring Memo No. DWA/AP/HYD/Sni/A1/2016- 17/No.217 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms. No. 125 dated 29.12.2016 (insofar as it affects the Petitioner's rights) issued by the 15t Respondent as illegal, arbitrary, unconstitutional and consequently direct the Respondents to desist from acting on the same. lA NO: 1 OF 2017(WPMP 13378 OF 2017 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 suspend the impugned Memo no. DWA/AP/HYD/Sn-1/A1/2016- 17/No.217 dated 22.08.2016 and G.O.Ms. No.125 dated 29.12.2016 (insofar as it affects the Petitioner's rights) pending the disposal of this writ petition. lA NO: 2 OF 2017(WPMP 13379 OF 2017 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 pay monies payable to the Petitioner in connection with Agreement No. 14/2015-16 dated 30.10.2015 in accordance with the agreement without deducting any amounts towards recovery of sand costs and to pay to the Petitioner amounts which have been deducted till date towards recovery of cost of sand. lA NO: 1 OF 2018 1. The State of Andhra Pradesh, Water Resources Department, Represented By its Principal Secretary, Amaravati. 2. The Chief Engineer (Projects), NTR Telugu, Ganga Project (TGP), Water Resource Department, Tirupathi, Chitoor District, Andhra Pradesh. 3. The Superintending Engineer, HNSS Circle No.2, HLC Colony, Ananthapuramu, Ananthapuramu District, Andhra Pradesh. 4. The Executive Engineer HNSS division Ananthapuramu District, Andhra Pradesh. 10, Dharmavaram, .. .Respondents/Petitioners AND 1. M/s Rithwik Projects Pvt. Ltd, Plot No. 37 & 39, Navodaya Colony, Road No.2, Banjara Hills, Hyderabad. ...Petitioner/Respondent 2. The Director of Works Accounts (A.P), Ibrahimpatnam (v) & (M), Krishna District, Andhra Pradesh. C>! I 3. The Assistant Pay and Accounts Officer, Works & Projects, Ananthapuramu, Ananthapuramu District, Andhra Pradesh. ...Respondents/Respondents 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 vacate the interim orders dt: 27-03-2017 passed in WPMP.No. 13379/2017 in WP.No. 10779/2017 and dismiss the writ petition as there are no merits in it. Counsel for the Petitioner: MEKA RAHUL CHOWDARY Counsel for the Respondent Nos. 1,3 to 5: GP FOR IRRI AND CAD Counsel for the Respondent Nos. 2 and 6: GP FOR FINANCE PLANNING APHC010449652017 WRIT PETITION NO: 10745 OF 2017 Between: M/s Rithwik Projects Pvt. Ltd.,, Plot No. 3/ & 39, Navodaya Colony Road No.2, Banjara Hills, Hyderabad- 500034. ...Petitioner AND The State of Andhra Pradesh, Water Resources Department, Represented By its Principal Secretary, Amaravati, Andhra Pradesh. The Director of Works Accounts (A.P), Ibrahimpatnam (v) & (M), Krishna District, Andhra Pradesh. The Chief Engineer (Projects), Water Resource Department, Kadapa, Kadapa District, Andhra Pradesh. The Superintending Engineer, SKD GNSS Circle, Kadapa, Kadapa District, Andhra Pradesh. 1. 2. 3. 4. I 0 5. The Executive Engineer, SKD GNSS Division No. 06, PBC Colony Pulivendula-515390, Kadapa District, Andhra Pradesh. 6. The Assistant Pay and Accounts Officer, Works & Projects, Kadapa Kadapa district, Andhra Pradesh. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Eligh Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus, declaring Memo No. CE(P) & DWRO/WRD/KDP/TS3/E1/86 684 dated 29.07.2016 issued by the 3rd Respondent, Memo No. DWA/AP/HYD/Sn1/A1/2016-17/No.217 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms. No. 125 dated 29.12.2016 (insofar as it affects the Petitioner's rights) issued by the 1st Respondent as illegal, arbitrary, unconstitutional and consequentlydirect the Respondents to desist from acting on the same. lA NO: 1 OF 2017(WVMP 2371 OF 2017) 1. The Director of Works Accounts (A.P), Ibrahimpatnam (v) & (M), Krishna District, Andhra Pradesh. 2. The Assistant Pay and Accounts Officer, Works & Projects, Kadapa, Kadapa district, Andhra Pradesh. ...Petitioners/Respondents AND 1. M/s Rithwik Projects Pvt. Ltd.,, Plot No. 37 & 39, Navodaya Colony Road No.2, Banjara Hills, Hyderabad- 500034. ... Petitioner/Respondent Water Resources Department, Represented By its Principal Secretary, Amaravati, Andhra Pradesh. 3. The Chief Engineer (Projects), Water Resource Department, Kadapa, Kadapa District, Andhra Pradesh. 2. The State of Andhra Pradesh v I 4. The Superintending Engineer, SKD GNSS Circle, Kadapa, Kadapa District, Andhra Pradesh. Executive Engineer, SKD GNSS Division No. 06, PBC Colony, Pulivendula-515390, Kadapa District, Andhra Pradesh. 5. The ...Respondents/Respondents Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Eligh Court may be pleased to vacate the interim orders dt; 27-03-2017 passed in WPMP No. 13326/2017 in WP.No.10745/2017 and dismiss the writ petition. lA NO: 2 OF 2017(WVMP 2520 OF 2017) Water Resources Department 1. The State of Andhra Pradesh Represented By its Principal Secretary, Amaravati, Andhra Pradesh. 2. The Chief Engineer (Projects). Water Resource Department, Kadapa, Kadapa District, Andhra Pradesh. Superintending Engineer, SKD GNSS Circle, Kadapa, Kadapa District, Andhra Pradesh. Executive Engineer, SKD GNSS Division No. 06, PBC Colony, Pulivendula-515390. Kadapa District, Andhra Pradesh. 3. The 4. The ...Respondents/ Petitioners AND 1. M/s Rithwik Projects Pvt. Ltd.,. Plot No. 37 & 39, Navodaya Colony, Road No.2, Banjara Hills. Hyderabad- 500034. . .Petitioner/Respondent of Works Accounts (A.P), Ibrahimpatnam (v) & (M), 2. The Director Krishna District, Andhra Pradesh. Pay and Accounts Officer, Works & Projects, Kadapa 3. The Assistant Kadapa district, Andhra Pradesh ...Respondents/Respondents praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court vacate the Petition under Section 151 CPC may be pleased to WPMP.No.13326 2017 in main writ petition. interim orders passed in WP.No.10745/2017. dt; 27-03-2017 and dismiss the lA NO: 3 OF 2017(WPMP 13326 OF 2017) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the Respondents to may be pleased to pay monies payable to the Petitioner in connection with Agreement No. 6/2015-16 dated 01.07.2015 in accordance with the recovery of sand costs amounts which have been deducted till date agreement without deducting any amounts towards and to pay to the Petitioner towards recovery of cost of sand. lA NO: 4 OF 2017fWPMP 13327 OF 20171 Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned Memo no. CE (P) & DWRO/WRD/KDP/TS3/F1/86 dated 29.07.2016 Memo praying that in the circumstances stated 684 no. DWAJAP/HYD/Sn-1/A1/2016-17/No.217 dated 22.08.2016 and G.O.Ms. No,125 dated 29.12.2016 (insofar as it affects the Petitioner's rights) pending the disposal of this writ petition. Counsel for the Petitioner: M/s K MAMATA Counsel for the Respondent Nos. 1,3 Counsel for the Respondent Nos. 2 and 6: to 5: GP FOR IRRI AND CAD GP FOR FINANCE PLANNING APHC010336462017 Si'S ■S.C s \3 WRIT PETITION NO: 10253 OF 2017 Between: S.R. Constructions, D.No.7/272, Kakatiya Residency, Court Road, Anantapur, Rep. by its Partner, D.Venkatesh, S/o D. Narasimhulu, Aged 46 years. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director of Water Accounts A.P Arjuna Tower, 1st Floor, Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh. 3. The Chief Engineer (Projects), Water Resource Department, HNSS Project, Anantapur. 4. The Superintendent Engineer HNSS Irrigation circle. No.II, HLC Colony, Anantapur. 5. The Executive Engineer HNSS Penugonda Division, Anantapur. 6. The Pay and Accounts Officer Works Projects HCL Colony, Anantapur. 7. The Assistant Pay Accounts Officer Works Payments, HCL Colony, Anantapur. ...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 a Writ of Mandamus or any other appropriate Writ or Writs, Order or orders. Direction or directions, declaring Memo. No.DWA/AP/HYD/Spl/A1/2016-17/No.2017 dated 22.08.2016 issued by the 2nd Respondent and G.O,Ms.No.125 dated 29.12.2016 issued by the 1st Respondent (in so far as it affects the petitioner's rights) as illegal, arbitrary, unconstitutional and consequently direct the respondents to desist from acting on the sa.me. m \A NO: 1 OF 2017(WVMP 2711 OF 2017) 1- State of Andhra Pradesh, Rep. by its Principal Secretary. Secretariat Velagapudi, Amaravathi, Guntur District. 2. The Chief Engineer (Projects), Water Resource Project, Anantapur. 3. The Superintendent Engineer HNSS Irrigation circle, No.M. HLC Colony Anantapur. 4. The Executive Engineer HNSS Penugonda Division Department, HNSS Anantapur ...Respondents/ Petitioners AND 1. S.R. Constructions, D.No.7/272, Anantapur, Rep. by its Partner, D.Venkatesh 46 years. Kakatiya Residency, Court Road, S/o D. Narasimhulu, Aged Petitioner/Respondent 2. The Director of Water Accounts Ibrahimpatnam, Vijayawada, Krishna District, 3. The Assistant Pay Accounts Officer Works Anantapur. A.P Arjuna Tower, 1st Floor, Andhra Pradesh. Payments, HCL Colony, ...Respondents/Respondents praying that in the circumstances stated support of the petition, the High Court may be pleased passed in WPMP No. 12702/2017 in writ petition as there are no merits in it. Petition under Section 151 CPC in the affidavit filed in vacate the interim orders dt: 27-03-2017 WP,No.10253/2017 and dismiss the lA NO: 2 OF 2017(WPMP 12701 OF 2017) Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to grant Interim directions to the Respondents praying that in the circumstances stated to refund the amount of was deducted from the bill dated 02.03.2016 towards Rs.33,35,933/- which sand cost i in connection with the Agreement No.04/2015-2016 dated r 22.07.2015 of "HNSS Project - Phase II - Package No. 7 (Balance Work) - Balance Earth work Excavation and Construction of CM & CD works on HNSS Main Canal from Km 300.000 to Km 320.000 under HNSS Phase-ll in Anantapur District ( Package. 7 B) and also pay the balance monies payable to the Petitioner in connection with the above agreement without deducting any amounts towards recovery of sand cost. lA NO: 3 OF 2017(WPMP 12702 OF 2017) 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 grant Interim directions to suspend the impugned Memo. No. DWA/AP/HYD/Spl/A1/2016-17/No.2017 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms. No.125 dated 29.12.2015 issued by the 1st Respondent (in so far as it affect the Petitioner's rights). Counsel for the Petitioner: SRI M PRASADA RAO Counsel for the Respondent Nos. 1,3 to 5: GP FOR IRRI AND CAD Counsel for the Respondent Nos. 2, 6 and 7: GP FOR FINANCE PLANNING APHC010041612017 WRIT PETITION NO: 10383 OF 2017 Between: SRC Infra Developers Private Limited, D.No.7/272, Kakatiya Residency, Court Road, Anantapur, Rep. by its Director, D.Venkatesh, S/o D. Narasimhulu, Aged 46 years. ...Petitioner AND \h 1. State of Andhra Pradesh Water Resources Department, Rep. by its Principal Secretary, Secretariat, Velagapudi District. 2. The Director of Water Accounts A.P, Arjuna Tower Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh. 3. The Chief Engineer (Projects), Water Resource Department, HNSS Project, Anantapur. 4. The Superintendent Engineer HNSS, Irrigation circle No.11, HLC Colony, Anantapur. 5. The Executive Engineer HNSS Penugonda (Division), Anantapur. 6. The Pay and Accounts Officer Works Projects, HCL Colony, Anantapur. 7. The Assistant Pay Accounts Officer Works Payments, HCL Colony, Anantapur. (CT is Amended in Writ Petition and affidavit as per the courts order dt. 09.10.2023 vide order passed in lA No. 1 of 2023) Amaravathi, Guntur 1st Floor ...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 a Writ of Mandamus or any other appropriate Writ or Writs Order or orders, Direction or directions, declaring Memo. DWA/AP/HYD/Spl/A1/2016-17/No.2017 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms.No.125 dated 29.12.2016 issued by the Respondent (in so far as it affects the petitioner's rights) as illegal, arbitrary, unconstitutional and consequently direct the respondents to desist from acting on the same. No. 1st lA NO: 1 OF 2017(WVMP 3267 OF 2017) 1. State of Andhra Pradesh Water Resources Department, Rep. by its Principal Secretary. Secretariat. Velagapudi, Amaravathi District. Guntur 2. The Chief Engineer (Projects), Water Resource Department, HNSS Project, Anantapur. The Superintendent Engineer EINSS, Irrigation circle No. 11 Colony, Anantapur. 4. The Executive Engineer HNSS Penugonda (Division), Anantapur ...Respondents/Petitioners 3 HLC AND S.R. Constructions. D.No.7/272, Kakatiya Residency, Anantapur, Rep. by its Partner, D.Venkatesh, S/o D. Narasimhulu Aged 46 years. Court Road, ...Petitioner/Respondent 1. The Director of Water Accounts A.P, Arjuna Tower, 1st Floor,, Ibrahimpatnam. Vijayawada, Krishna District, Andhra Pradesh. 2. The Pay and Accounts Officer Works Projects, HCL Colony. Anantap 3. The Assistant Pay Accounts Officer Works Payments, HCL Colony Anantapur. ur. ...Respondents/Respondents 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 vacate the interim orders dt: 24-03-2017 passed in WPMP No. 12862/2017 in WP.No. 10383/2017 and dismiss the writ petition as there are no merits in it and pass lA NO: 2 OF 2017(WPMP 12862 OF 2017) 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 grant Interim directions to the Respondents Rs.3,37,111/- which to refund the amount of was deducted from the bill dated 24.01.2017 towards sand cost in connection with the Agreement No.05/2016-2017 dated 09.06.2016 of "HNSS Project - Phase II - Package No. 55 (Balance Work) - Excavation of Balance Quantity and Construction of CM & CD works in the reach from Km 53.300 to Km 107.40/ 118.000 of Madakasira Branch Canal under HNSS Phase-ll, and also pay the balance monies payable to the Petitioner in connection with the above agreement without deducting any amounts towards recovery of sand cost lA NO: 3 OF 2017fWPMP 12863 OF 20171 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 suspend the impugned Memo. No.DWA/AP/HYD/Spl/A1/2016- 17/No.2017 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms. No.125 dated 29.12.2015 issued by the 1st Respondent (in so far as it affect the Petitioner's rights). Counsel for the Petitioner: BUTTA VIJAYA BHASKER Counsel for the Respondent Nos. 1,3 to 5: GP FOR IRRI AND CAD Counsel for the Respondent Nos. 2, 6 and 7: GP FOR FINANCE PLANNING The Court made the following Common order: J. APHC010723612017 IN THE HIGH COURT OF ANDHRA PRADESH 0;^:b Mm AT AMARA'v AT! ro o o oT j^ooooj (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10835/2017 Between; 1.M/S RITHWIK PROJECTS PVT. LTD.,, PLOT NO. 37 & 39, NAVODAYA COLONY, ROAD NO.2, BANJARA HILLS, HYDERABAD- 34. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, WATER RESOURCES DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, AMARAVATI, ANDHRA PRADESH. 2.THE DIRECTOR OF WORKS ACCOUNTS A P, IBRAHIMPATNAM (V) & (M), KRISHNA DISTRICT, ANDHRA PRADESH. 3.THE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT, ANANTHAPURANIU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. 4.THE SUPERINTENDING ENGINEER, ANANTHAPURAMU, ANANTHAPURATRIU DISTRICT PRADESH. HNSS CIRCLE N0.2, ANDHRA 5.THE EXECUTIVE ENGINEER, HNSS DIVISION 6, ANANTHAPURAMU, ANATHAPURAMU DISTRICT, ANDHRA PRADE41. 6.THE ASSISTANT PAY PROJECTS ACCOUNTS OFFICER, WORKS & ANANTHAPURAMU, ANANTHAPURANIU DISTRICT ATIDHRA PRADESH. ...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 to issue an appropriate writ, order or direction, particularly one of Mandamus declaring Memo No. DWA/AP/HYD/Snl/A1/2016-17/10.217 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms. No. 125 dated 29.12.2016 (insofar as it affects the Petitioner's rights) issued by the 1st Respondent as illegal, arbitrary, unconstitutional and consequently direct the Respondents to desist from acting on the same lA NO: 1 OF 2017(WVMP 4621 OF 2017 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 vacate the interim orders dt: 27-03-2017 passed in WPMP.No. 13442/2017 in WP.No.10835/2017 and dismiss the writ petition as there are no merits in it lA NO: 2 OF 2017(WPMP 13442 OF 2017 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 pay monies payable to the Petitioner in connection with Agreement No. 06/2015-16 dated 13.08.2015 and Agreement 07/2015-16 dated 13.08.2016 in accordance with the agreements without to pay to the . recovery of in the nature of a Writ No deducting any amounts towards recovery of sand costs and 1 Petitioner amounts which have been deducted till date towards cost of sand lA NO: 3 OF 2017(WPMP 13443 OF 2017 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 suspend the impugned Memo no. DWA/AP/HYD/Sn-1/A1/2016-17/No.217 dated 22.08.2016 and G.O.Ms. No.125 dated 29.12.2016 (insofar as it affects the Petitioner's rights) Counsel for the Petitioner: 1.MEKA RAHUL CHOWDARY Counsel for the Respondent(S); 1.GP FOR IRRI AND CAD (AP) V I-<: u IKi AKi/ u>i AKiKilKlf' M >» W I I l_/ \ 1 I I I I •, \ t IA\~' \ I I N WRIT PETITION NO: 7927/2017 Between: IS R CONSTRUCTIONS, D.NO.7/272, COURT ROAD, ANANTAPUR, REP. BY ITS D.VENKATESH, S/O D. NARASIMHULU, AGED 46 YEARS. KAKATIYA RESIDENCY, PARTNER, ...PETITIONER AND ESTATE OF AP PRL SCY WATER RESOURCES GUNTUR DIST 6, WATER RESOURCES DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR OF WATER ACCOUNTS, A.P., . ARJUNA TOWER 1ST FLOOR, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT ANDHRA PRADESH. 3.THE CHIEF ENGINEER PROJECTS, WATER RESOURCE DEPARTMENT,HNSS PROJECT, ANANTAPUR. 4.THE SUPERINTENDENT ENGINEER, HNSS, IRRIGATION CIRCLE NO.II, HLC COLONY, ANANTAPUR. 5.THE EXECUTIVE ENGINEER, HNSS, PENUGONDA (DIVISION), ANANTAPUR. 6.THE PAY AND ACCOUNTS OFFICER, WORKS PROJECTS, HCL COLONY, ANANTAPUR. 7.THE ASSISTANT PAY ACCOUNTS OFFICER, WORKS PAYMENTS HCL COLONY, ANANTAPUR. ...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 toto issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or orders. Direction or directions, declaring Memo. No. DWA/'AP/HYD/SpL''A1/2016-1//No.201 7 dated 22.08.2016 issued by the 2nd Respondent and GO.Ms.No.125 dated:29.12.2016 issued by the 1st Respondent (insofar as it affects the petitioner's rights) as illegal, arbitrary, unconstitutional and consequently direct the respondents to desist from acting on the same lA NO: 1 OF 2017(WVMP 2042 OF 2017 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 vacate the interim orders dt: 27-03-2017 passed in WPMP.No.9775/2017 in WP.No.7927/2017 and dismiss the writ petition as there are no merits in it and pass lA NO: 2 OF 2017(WPMP 9775 OF 2017 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 grant Interim directions to direct the Respondents to pay the monies payable to the Petitioner in connection with the Agreement No.27/2015-2016 dated 27.02.2016 of "HNSS Project - Phase II - Package No.25 (Balance Work) - Earth Work Excavation of Punganur Branch Canal from Km.20.00 Km.30.00 including formation of Cherlopalli Reservoir and Construction of CM & CD works under HNSS Phase-ll deducting any amounts towards recovery of sand cost lA NO: 3 OF 2017fWPMP 9776 OF 2017 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 grant Interim directions to suspend the impugned Memo. No.DWA/AP/ HYD/Spl/A1/2016-17/No.2017 Dt.:22.08.2016 issued by the 2nd Respondent and G.O.Ms. No.125 dated 29.12.2015 issued by the 1st Respondent (i far as it affect the Petitioner's rights) lA NO; 1 OF 2023 to in Anantapur District (25B), without n so 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 pleased to permit the petitioner to amend petitioner's cause title as "SRC Infra Developers Private Limited rep by its Director D.Venkatesh S/o Narasimhulu in the place of "S R Constructions D rep. by its Partner D.’V/enkatesh S/o. D Narasimhulu”, in the writ petition and writ affidavit to meet ends of justice and pass Counsel for the Petitioner; 1 ^v/i H K A A * ' A A i.iVi I i\/—\wr-vt_>'/~\i\/-'vw Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD (AP) 2.GP FOR FINANCE PLANNING (AP) WRIT PETITION NO: 10779/2017 Between: 1.M/S RITHWIK PROJECTS P\Ar. LTD., NAVODAYA COLONY, ROAD NO,2, BANJARA FULLS, HYDERABAD- PLOT NO. 37 & 39, 34 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, WATER RESOURCES DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, AMARAVATI, 2.THE DIRECTOR OF WORKS ACCOUNTS A P, IBRAHIMPATNAM (V) & (M), KRISHNA DISTRICT. ANDHRA PRADESH. 3.THE CHIEF ENGINEER PROJECTS NTR TELUGU, GANGA PROJECT (TGP), WATER RESOURCE DEPARTMENT, TIRUPATHI, CHITOOR DISTRICT, ANDHRA PRADESH. 4.THE SUPERINTENDING ENGINEER, HNSS CIRCLE NO,2, HLC COLONY, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. 5.THE EXECUTIVE bNGINEER FINS S DIVISION 10, DHARMAVARAM, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. 6.THE ASSISTANT PAY ACCOUNTS OFFICER WORKS, PROJECTS, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH ...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 tobe urged during the hearing of this petition, it is prayed that this Hon'ble Court be pleased to issue an appropriate writ, order or direction, declaring Memo No. DWA/AP/HYD/Snl/A1/2016- 17/No.217 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms. No. 125 dated 29.12.2016 (insofar as it affects the Petitioner's rights) issued by the 15t Respondent illegal, arbitrary, unconstitutional and consequently direct the Respondents to desist from acting on the same and to pass such orders as this Hon'ble may deem fit and proper in the circumstances of this as case. lA NO: 1 OF 2017(WPMP 13378 OF 2017 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 suspend the impugned Memo no. DWAyAP/HYD/Sn-1/A1/2016- 17/No.217 dated 22.08.2016 and G.O.Ms. No.125 dated 29.12.2016 (insofar as it affects the Petitioner's rights) pending the disposal of this writ petition and ass such other order or orders as this Hon'ble Court ay deem fit and proper in the circumstances of the lA NO: 2 OF 2017(WPMP 13379 OF 2017 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 pay monies payable to the Petitioner with Agreement No. 14/2015-16 dated 30.10.2015 in accordance with the agreement without deducting any amounts towards recovery of sand costs and to pay to the Petitioner amounts which have been deducted towards recovery of cost of sand and to pass such further order or orders as this Hon ble Court may deem fit in the facts and circumstances of this lA NO; 1 OF 2018 in connection till date case. 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 vacate the interim orders dt: 27-03-2017 passed in WPMP.No. 13379/2017 WP.No. 10779/2017 and dismiss the writ petition as there are no merits in it and pass in Counsel for the Petitioner: 1.MEKA RAHUL CHOWDARY Counsel for the Respondent(S); d f Z\-> L_C^o IDO I WIN IININ I A M rN A PN I AAI >4 W Wr-NW / A P) \ \t^r } WRIT PETITION NO; 10745/2017 Between; 1.M/S RITHWIK PROJECTS PVT. LTD.,, PLOT NO. 37 & 39 NAVODAYA COLONY, ROAD NO.2, BANJARA HILLS, HYDERABAD- 500034. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH WATER RESOURCES DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, AMARAVATI, ANDHRA PRADESH. 2.THE DIRECTOR OF WORKS ACCOUNTS A P, IBRAHIMPATNAM (V) & (M). KRISHNA DISTRICT, ANDHRA PRADESH. 3.THE CHIEF ENGINEER PROJECTS WATER RESOURCE DEPARTMENT, KADAPA, KADAPA DISTRICT, ANDHRA PRADESH. 4.THE SUPERINTENDING ENGINEER, SKD GNSS CIRCLE, KADAPA, KADAPA DISTRICT, ANDHRA PRADESH. 5.THE EXECUTIVE ENGINEER, SKD GNSS DIVISION NO. 06, PBC COLONY, PULIVENDULA-515390, KADAPA DISTRICT, ANDHRA PIADESH. 6.THE ASSISTANT PAY ACCOUNTS OFEICER, WORKS & PROJECTS, KADAPA, KADAPA DISTRICT. ANDHRA PRADESH. ...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 toto issue an appropriate writ, order or direction more particularly in the nature of a Writ of Mandamus, declaring Memo No. CE(P) & DWRO/WRD/KDP/TS3/F1/86 684 dated 29.07.2016 issued by the 3rd Respondent, Memo No. DWA/AP/HYD/Sn1/A1/2016-17/No.217 dated 22.08.2016 issued by the 2nd Respondent and G O.Ms. No 125 dated 29.12.2016 (insofar as it affects the Petitioner's rights) issued by the 1st one 8 Respondent as illegal, arbitrary, unconstitutional and Respondents to desist from acting on the same lA NO: 1 OF 2017(WVMP 2371 OF 2017 consequently direct the 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 vacate the interim orders dt; 27-03-2017 passed in WPMP No. 13326/2017 in WP.No.10745/2017 and dismiss the writ petition and pass lA NO: 2 OF 2017(WVMP 2520 OF 2017 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 vacate the interim orders passed in WPMP.No 13326 2017 f- WP.No.10745/2017. dt: 27-03-2017 and dismiss the mam writ petition and to pass iA NO; 3 OF 2017(WP!V1P 13326 OF 2017 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 pay monies payable to the Petitioner in connection with Agreement No. 6/2015-16 dated 01.07.2015 agreement without deducting any amounts towards recovery of sand costs and to pay to the Petitioner amounts which have been deducted towards recovery of cost of sand IA NO: 4 OF 2017fWPIVlP 13327 OF 2017 in in accordance with the till date Petition under Section 151 CPC in the affidavit filed praying that in the circumstances stated in support of the petition, the High Court may be pleased to suspend the impugned Memo no. CE (P) & DWRO/WRD/KDP/TS3/F1/86 dated 29.07.2016 Memo 684 no. DWAJAP/HYD/Sn-1/A1/2016-17/No217 dated 22.08.2016 and G.O.Ms. No,125 dated 29.12.2016 i' Petitioner's rights) pending the disposal of this writ petition (insofar as it affects the Counsel for the Petitioner: 1.K MAMATA Counsel for the Respondent(S): 1 GP FOR IRRI AND CAD (AP) 9 2.GP FOR FINANCE PLANNING (AP) IT otr-ri-ri II r i I i I I ON Kl/^. H rv o c O ^ *7 IN . I UiCOO/Z.U I / WR Between: 1.S R CONSTRUCTIONS. ANANTAPUR, D.NO.7/272, KAKATIYA RESIDENCY, COURT ROAD, ANANTAPUR, REP. BY ITS PARTNER, D.VENKATESH, S/0 D. NARASIMHULU, AGED 46 YEARS. ...PETITIONER AND 1.PRL SECY WATER RESOURCES DEPT GUNTUR DIST 6 OT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR OF WATER ACCOUNTS A/P ARJUNA TOWER, 1ST FLOOR, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 3.THE CHIEE ENGINEER PROJECTS WATER RESOURCE DEPARTMENT, HNSS PROJECT, ANANTAPUR. 4.THE SUPERINTENDENT ENGINEER HNSS IRRIGATION CIRCLE NO.II, HLC COLONY, ANANTAPUR. 5.THE EXECUTIVE ENGINEER HNSS PENUGONDA DIVISION ANANTAPUR. 6.THE PAY AND ACCOUNTS OFFICER WORKS PROJECTS HCL COLONY, ANANTAPUR. 7,THE ASSISTANT PAY ACCOUNTS OFFICER WORKS PAYMENTS, HCL COLONY, ANANTAPUR. ...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 tolssue a Writ of Mandamus or any other appropriate Writ or Writs Order orders, Direction or directions, declaring Memo. No.DW/VAP/HYD/Spl/A1/20160 7/No.2017 dated 22.08.2016 issued by the 2nd Respondent and G O.Ms.No.125 dated 29.12.2016 issued by the 1st Respondent (in so far as it affects the petitioner's rights) as illegal, arbitrary. or 10 unconstitutional and consequently direct the respondents to desist from on the same, and pass lA NO: 1 OF 2Q17(WVMP 2711 OF 2017 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 vacate the interim orders dt: 27-03-2017 passed in WPMP No. 12702/2017 WP.No.10253/2017 and dismiss the \A/rit petition as there are no merits in it and pass [A NO: 2 OF 2017(WPMP 12701 OF 2017 acting in 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 grant Interim directions to the Respondents to refund the Rs.33,35,933/- which amount of was deducted from the bill dated 02.03.2016 towards sand cost in connection with the Agreement No.04/2015-2016 dated 22.07.2015 of "HNSS Project - Phase 11 - Package No. 7 (Balance Work) - Balance Earth work Excavation and Construction of CM & CD works on HNSS Main Canal from Km 300.000 to Km 320.000 under HNSS Phase-ll in Anantapur District ( Package. 7 B) and also pay the balance monies payable to the Petitioner in connection with the above agreement without deducting pass any amounts towards recovery of sand cost, and lA NO: 3 OF 2017(WPMP 12702 OF 2017 Petilion 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 grant Interim directions to suspend the impugned Memo DWA/AP/HYD/Spl/A1/2016-17/No 2017 dated 22.08.2016 issued by the 2nd Respondent and G O Ms. No.125 dated 29 12.2015 issued by the 1st Respondent {in so far as it affect the Petitioner's rights) and pass lA NO; 1 OF 2023 No Petition under Section 151 CPC in the affidavit filed praying that in the circumstances stated in support of the petition, the High Court may be pleased pleased to permit the petitioner to amend petitioner's cause title as "SRC Infra Developers Private Limited rep by its Director D.Venkatesh S/o. in the place of "S R Constructions D.Venkatesh S/o. D. Narasimhulu”, D. Narasimhulu rep. by its Partner in the writ petition and writ affidavit to meet ends of justice and pass ] 1 Counsel for the Petitioner; l\/i u-'tv a a ! t I \/ \wr^L w\ u> /\ r ^ \/^ w Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD (AP) 2.GP FOR FINANCE PLANNING (AP \ y WRIT PETITION NO; 10383/2017 Between: 1.SRC INFRA DEVELOPERS PRIVATE LIMITED, D.NO.7/272. KAKATIYA RESIDENCY. COURT ROAD, ANANTAPUR, REP. BY ITS DIRECTOR. D.VENKATESH, S/O D. NARASIMHULU. AGED 46 YEARS. ...PETITIONER AND ESTATE OE DEPARTMENT, REP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR OF WATER ACCOUNTS A P, ARJUNA TOWER. 1ST FLOOR, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. ANDHRA PRADESH. ANDHRA PRADESH WATER RESOURCES BY ITS PRINCIPAL SECRETARY 3.THE CHIEE ENGINEER PROJECTS WATER RESOURCE DEPARTMENT, HNSS PROJECT. ANANTAPUR. 4.THE SUPERINTENDENT ENGINEER HNSS. IRRIGATION CIRCLE NO.11. HLC COLONY, ANANTAPUR. 5.THE EXECUTIVE ENGINEER HNSS PENUGONDA DIVISION, ANANTAPUR. 6.THE PAY AND ACCOUNTS OFEICER WORKS PROJECTS, HCL COLONY, ANANTAPUR. 7.THE ASSISTANT PAY ACCOUNTS OFEICER WORKS PAYMENTS, HCL COLONY, ANANTAPUR. ...RESPONDENT(S): 12 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 toto issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or orders Direction or directions, declaring Memo. No. DWA/AP/HYD/Spl/A1/2016-17/No.2017 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms.No.125 dated 29.12.2016 issued by the 1st Respondent (in so far as it affects the petitioner's rights) as illegal, arbitrary, unconstitutional and consequently direct the respondents to desist from acting on the same, and pass such other and further orders as are deemed fit and proper in the circumstances of the case. lA NO: 1 OF 2017(WVMP 3267 OF 2017 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 vacate the interim orders dt: 24-03-2017 passed in WPMP No. 12862/2017 in WP.No.10383/2017 and dismiss the writ petition as there are no merits in it and pass lA NO: 2 OF 2017(WPMP 12862 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court p-^y be pleased to grant Interim directions to the Respondents to refu,.d the amount of Rs.3,37,111/- which was deducted from the bill dated 24.01.2017 towards sand cost in connection with the Agreement No.05/2016-2017 dated 09.06.2016 of "HNSS Project - Phase II - Package No. 55 (Balance Work) - Excavation of Balance Quantity and Construction of CM & CD works in the reach from Km 53.300 to Km 107,40/ 118.000 of Madakasira Branch Canal under HNSS Phase-ll, and also pay the balance monies payable to the Petitioner in connection with the above agreement without deducting amounts towards recovery of sand cost lA NO: 3 OF 2017(WPMP 12863 OF 2017 any 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 suspend the impugned Memo. No.DWA/AP/HYD/Spl/A1/2016- 17/No.2017 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms. No.125 dated 29.12.2015 issued by the 1st Respondent (in so far as it affect the Petitioner's rights) and pass such other and further orders as are deemed fit and the circumstances of the case. proper in 13 lA NO; 1 OF 2023 CD UudGr SgCiiuii 151 I tl li i-ru praying that in the circumstances stated in the affidavit filed m support of the petition, the High Court may be pleased pleased to permit the petitioner to amend petitioner's cause title as "SRC Infra Developers Private Limited rep by its r ‘ Narasimhulu in the place of "S R Constructions D.Venkatesh S/o, D. Narasimhulu meet ends of justice and pass Counsel for the Petitioner: Director D.Venkatesh S/o. D. rep. by its Partner in the writ petition and writ affidavit to 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S); 1.GP FOR IRRI AND CAD (AP) The Court made the following; # 14 COMMON ORDER : All these petitions are filed claiming same relief by different petitioners, however the issue involved in these petitions is one and the same. Therefore, I am of the view that it is appropriate to decide all the petitions by common order taking Writ Petition No. 10835 of 2017 as leading petition. W.P.No. 10835 of 2017 came to be filed under Article 226 of the Constitution of India seeking the following relief;- 2. — to issue an appropriate writ, order or direction, particularly one in Mandamus declaring Memo No. DWA/AP/HYD/Snl/Al/2016M7/10.217 dated 22.08.2016 issued by the 2nd Respondent and G.O.Ms. Nc. 125 dated 29.12.2016 (insofar as it affects the Petitioner's rights) issued by the 1st Respondent as illegal, arbitrary, unconstitutional and ccnsequentK’ direct the Respondents to desist from acting on the same....” the nature of Writ of Heard learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation During the course of hearing, learned counsel for the petitioners would submit that the issue involved in these Writ Petitions is squarely covered by the common order, dated 01.05.2023 passed by this Court in W.P.Nos.35079 of 2018 and batch and requested to pass a similar order in this Writ Petition also. The same is not disputed by the learned Assistant Government Pleader for Irrigation appearing for the respondents. The relevant portion of the said order, reads as under; 4. 10. In view of the contents of the counter affidavit, it appears that the free sand policy is applicable only to common people but not to the contractors carrying out construction works 15 y The estimated value of the tender includes cost of all the components, including the sand. In such a case, the petitioner does not have any right to challenge the memo dated 22.08.2016, as per which it is clear that the sand should be made free for all the public for the purpose of construction of buildings, other than for filling purpose. The petitioners, being contractors, does not come under the definition of public and procuring sand is a part of their business, which is also one of the components of the tender. 11 In view of the above observations and in view of the fact that the free sand policy is applicable only to a common man but not for business purpose, such as contractors like the petitioners, this Court feels it appropriate to dismiss the present writ petition. 12. 5. In view of the same, for the reasons alike in the aforesaid order, this Court feels it appropriate to dismiss all these writ petition under similar lines. 6, Accordingly, W.P.Nos.10835, 7927, 10779, 10745, 10253 and 10383 of 2017 are dismissed, in terms of the order dated 01.05.2023 passed by this Court in W.P.Nos.35079 of 2018 and batch. 7. Registry is directed to attach the copy of the order, dated 01.05.2023 passed by this Court in W.P.Nos.35079 of 2018 and batch to this order. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR / //TRUE COPY// / SECTION OFFICER To, 1. One CC to Sri. Butta Vijaya Bhasker Advocate 2. One CC to Sri. M Prasada Rao 3. One CC to Sri. Meka Rahul “ 4. One CC to M/s K Mamata Advocate [OPUC] Advocate [OPUC] Chowdary Advocate [OPUC] - [OPUC] 5. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 7. Two CD Copies (Along with a copy of the order dated 01.05.2023 in WP Nos. 35079 of 2018 and batch) GSC HIGH COURT DATED:19/08/2025 ORDER WP NOS: 10835, 7927, 10779, 10745, 10253 AND 10383 OF 2017 sT 2 5 SEP 2025 K rrcntSectio S' <>» DISMISSING THE WPS WITHOUT COSTS HON’BLE SMT justice V. SUJATHA WRIT PETITION Nos.35079, 4393 and 4403_of2^ THE COMMON ORDER: As the issue involved in all these cases is one and the same, these writ petitions are decided by way of a common order, (a). W.P. NO. 3S079 of 2018: The present writ petition came to Constitution of India seeking the following relief; order direction or writ more be filed under Article 226 of the ...to grant an so in the nature of writ of Mandamus declaring C( the action of the 2’'“ respondent in issuing memo .DWA/AP/ Hyd/Sn.l/Al/2016-17/No.217, dated the Letter No 22.8.2016, Respondent issuing .APRDC/RDC/RJY/A3/PNV-09/2016 G.O.Ms.No. 125, dated no dated and 01.03.2017 the it affects so far as 29.12.2016 (in right) issued by the respondent, unconstitutional and the respondents to desist petitioner’s arbitrary. illegal. as consequently direct from acting on (b). W.P. NO. 4393 of 2018: The present writ petition came Constitution of India seeking the following relief; yy the same and to pass... to be filed under Article 226 of the 9 “...to grant an order, direction, in the nature of writ the action of the 2"^ No.DW/AP/Hyd/Sn. l/Al/201 or writ more of Mandamus, declaring so respondent in issuing memo 6-17, dated 22.08.2016 29.12.2016 (in so far as and G.O.Ms.No.125, dated affects the petitioner’ respondent as illegal, arbitrary, and s right) issued by the 1 St unconstitutional consequently direct the respondents from acting on the same as this Hon’ble Court NO. 4403 of 9018; The present writ to desist and to pass such orders may deem fit and proper...” petition came to be filed under Article Constitution of India seeking the following relief: “to grant an order, direction. 226 of the or writ more so declaring the issuing memo ^c.DW/AP/Hyd/Sn. l/Al/2016-17, dated 22.08.2016 and G.O.Ms.No. 125, dated 29.12.201 in the nature of Writ of Mandamus, action of the 2-^ respondent in 6, (in so far as right) issued by the 1 affects the petitioner’s respondent as illegal, arbitrary, and St unconstitutional consequently direct the respondents from acting on the same and to as this Hon’ble Court to desist pass such orders may deem ift and proper ... f 2. The petitioners’ case IS that the Government of Andhra Pradesh (Roads & Buildings Department) through Andhra Pradesh Road Development Corporation called for a tender through Its bid invitation SPN.N0.8/APRDC/APRSP-W&S/PNV 09/2012 18.01.2012 for on widening and strengthening of Pedana-Nuzvid-Vissannapaet road Km.62/250 Km.95/460 in Krishna District, Andhra Pradesh. The from to petitioner participated in the said tender and declared the highest was bidder wherein the total value of the contract is for Rs.82,48,32,638/ vine agreement No.05/2012-13CE(R&B) CRN & MD, APRDC dated 09.07.2012. 3. As per the terms of the tender, the finished item price system bids were required to be quoted as specific amount. The contract being a finished item price system one, does not depend the piece/component rate of the input material and the on estimated value though based on an aggregate of components, i only a guiding estimiate for the is purposes of determining tender The board of Chief Engineers fix costing for components in the Standard Schedule of rates (SSR) basis based on the prevailing market rates at the ti parameters. on a year me. The Estimated Value for a particular tender i* aggregate of cost ol all the com.ponents taken as per the SSR prevailing at the time of sanction of the Ivstimated Value the bench 4. is an which is mark for determining tender value. A finished Item 4 Price system tender, once accepted and upon execution of the agreement, the contract value thereof completion of the with the IS valid and binding till the agreement period/extended agreement period exception of price adjustment agreement. The petitioner relied of the s as provided for in the upon the General Condition 13.8 agreement dated 09.07.2012 which reads as follows; The General Condition 13,8 of the agreement, only with provides for price adjustments respect to constructions steel rebars and POL bitumen, grey labour, cement, machinery, other materials, and such price adjustments applicable for both in the prices of bitumen. s are an increase and decrease grey cement, labour, materials, adjustments with are contemplated m the construction machinery, other steel rebars and POL. No other respect to any other components agreement. Since the payments have been commencement of work, the made to the petitioner fo of adjustments only towards bitumen, labour. work done on the basis grey cement, materials, applying any any other component. ” construction machinery, other steel and POL and without escalation/de-escalation to 5. As regards the sand, procuring the same at market fee has been recovered from the the petitioners have been costs and the relevant Seignorage petitioner from its No price adjustments whatever have been running bills, made in respect of sand, until the ning bill No.30 dated 30.05.2017. run While the matter being the 1st so respondent issued memo No.3066/M.l](l)/206-3, dated 04.03.2016, issuing guidelines prescribing that sand shall be made available to the public free of cost with effect from 02.03.2016. 6. Thereafter, the 2nd respondent also issued 22.08.2016, directing the Superintending Engineers of his unit to recover the cost of sand consequential dated memo from the agencies carrying out works failing which the Superintending Engineer would be held responsible and also directed the Pay and Accounts that the Difference in cost of sand has to be deducted as per the bills. While so, the 1st respondent the impugned G.O.Ms.No. 125 dated 29.12.2016, inter thereafter issued government order m alia, directing the sand cost from the bills of the existing per the earlier conditions which continued to be in efforts after 02.03.2016, petitioner raised his objections vide letter dated 23.10.2017 recovery' of difference in agreements concluded as for which the bringing to the notice of the respondents that the agreement being a fixed Item Price one, adjustment could only be made with grey cement, labour, construction machinery', and POL and no adjustments ought recovery of cost of sand and requested for the amount which has been wrongfully withheld by the respondent, challenging the said action of the respect to bitumen. other materials, steel rebars to be made towards payment of refund of the respondents, the present writ petition is filed. 6 7. The 5'h respondent filed a counter stating that while conducting the works, the petitioner has used the sand provided by the Government. Nowhere as per the policy of the Government, the sand is being made available free of cost for construction of buildings other than for filling purpose. But, thereafter, there was a change in the said policy of the Government. Th proposed by Technical Advisor, P.R. Department for discussion i ” the Board of Chief Engineers meeting and there upon, in the meeting held on 28.05.2016, a decision has been taken for revision of the rates of sand with effect from 02.03.2016, under; e issue was in 3.S SI. Description of the item Unit Existing rate as per SOR 1501 6(initial rate) in Rs. Revised rate fixed by the Board(including Screening charges + loading+unloa ding charges) in Rs. No 1 27(a) of SoR-Part-I Aggregate/Sand (unscreened) for concrete and filtering items Free Cum 610 85.13 2. 27(b) of SoR-Fine Aggregate/Sand(unscreened) for filling Cum 460 85.13 3. 28 of SoR-Fine Cum 677 152.13 Aggregate/Sand (screened) for mortar, plastering items and sand blasting terms. / As the said instructions have come into force w.e.f. 8 02.03.2016, the issued Government Mexmo.No.DWA/AP/Hyd/Sn.I/Al /2016-17/No.217, dated 22.08.2016, where all the PAO/APAOs are instructed to note as follows: i) These rates came into force w.e.f. 02.03.2016. The quality of sand utilised on a particular work after that date has to be worked at and the difference cost on sand has to be deducted from the bills. The overhead charges and contractors profit provided extra also to be deducted accordingly. Ill) The deduction portion is applicable for all the works wherever sand is being utilised and a statement of recovery in detail shall be enclosed by the DDOs for all the bills prescribed by them. This may be watched by the PAO/APAOs while admitting the bills. The PAO/APAOs may circulate these instructions among all the DDOs(Drawing and Distributing Officers) with a request to submit the bills with revised sand rates for all the works wherever sand is utilised after 02.03.2016. w) It is submitted that, consequent to the issuance of the above said Memo, the Government have also issued G.O.Ms.No. 125, dated 29.12.2016, fixing the sand rates for all Engineering V/orks in view of free sand policy with necessary recoveries wherever required. In the said G.O. it IS stated that the Government after careful examination of the recommendations of the Board of Chief Engineers have agreed to adopt the rate of sand as Rs.85.13 per cum for sand for concrete and ‘sand for iflling’ and a rate of Rs.152.13 per cum for 'sand for plastering and sand for mortar’ from 02.03.2016, duly adopting conveyance rates as applicable The G.O. further stipulates that the Government have also adopted the rate of sand as Rs.95/- per cum for 'sand for concrete and sand for iflling’ and a rate of Rs. 165 [er cum for ‘sand for plastering and sand for mortar' for the current SOR 2016-17 duly adopting conveyance rates as applicable. It V) 1\\ also indicates that the difference ; Divisional Officers with reference ai cost of sand may be worked out by the rates. The G.O. IS that the benefit due to the revised policy of sand cost to the public, should lo sanctioned estimate indicates that the object i made available free of benefit to any person not lead to any undue Government. The necessary m all nature of works, agencies and executed by to the detriment of exchequer of the recovery may be effected wherever including EPC and works funded by the external all the departments. 9. The 5‘h respondent furth er stated that an amount of Rs.15,03,194/- the present Writ Petiti was recovered from the petitioner before filing of And Recovery Projects-ll, Nellore (R&R Account). ihon, was remitted to Revenue Head by the PAO Works and 10. In view of the contents of the counter affidavit, it policy is applicable only to common contractors cariymg out construction appears that the free sand people but not to the works 11. The estimated value of the tender includes the components, including the sand. In such does not have cost of all case, the petitioner a any right to challenge the memo dated 22.08.2016, as per which it is clear that the sand should be the public for the made free for all purpose of construction of buildings, other than petitioners, being contractors, does for filling purpose. The not come under the definition of public and of their business, which is also one of the tender. procuring sand is a part components of the V 9 / 12. !n view of the above obseiwations and in view of the fact that the free sand policy is applicable only to a common man but not for business purpose, such as contractors like the petitioners, this Court feels it appropriate to dismiss the present writ petition. 13. Accordingly, writ petition is dismissed. There shall be no order as to costs. Consequently, miscellaneous applications, pending, if any, shall also stand closed. SMT. JUSTICE V. SUJATHA GSS.