IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 2105 OF 2025 Between: B N V S Sambha Siva Rao, S/o.Si.B.Bhaskara Rao R/o.D.No.8/315- 9,7th Lane, Rajendra Nagar Gudivada, Krishna District. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and CAD Department, Secretariat Velagapudi, Amaravati, Guntur District 2. The Principal Secretary, Finance and Planning Department Government of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District. 3. The Commissioner, CADA Vijayawada, NTR District 4. The Executive Engineer, Drainage Division Gudivada, Krishna 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 a writ, order, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying withheld amounts, GST amount. Further Security Deposit (FSD) amount and Earnest Money Deposit (EMD) amount by preparing final bill for the work executed by the petitioner i.e. O and M-Removal of weed ? Growth in Thallapalem Major Drainage Based on Tender basics i.e to me by executing the above said agreement No. 74/2020-2021 dated 10.09.2020with the amount of Rs.6,95,802/- Dated 10.09.2020 and O and M-Removal of weed Growth from 0.00 to 14.500 in Lazza banda Major Drainage Basin under the agreement of 75/2020-2021 with the amount of Rs. 17,80,057/-, illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of as Article 14, 21 and 19(g) of the Constitution of India and consequently direct the respondents to pay the withheld amounts, GST amount. Further Security Deposit (FSD) amount and Earnest Money Deposit (EMD) amount by preparing final bill in respect of the above work executed by the petitioner in the interest of justice. V lA NO: 1 OF 2025 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 prepare final bill for the works executed by the petitioner i.e. O&M-Removal of weed Growth in Thallapalem Major Drainage Based on Tender basis to me by executing the above said agreement No. 74/2020-2021 dated 10.09.2020 with the amount of Rs.6,95,802/- Dated 10.09.2020 and O&M-Removal of weed Growth from 0.00 to 14.500 in Lazza banda Major Drainage Basin under the agreement of 75/2020- 2021 with the amount of Rs. 17,80,057/-, pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI. K N KRISHNA KUMAR Counsel for the Respondent No. 1: GP FOR IRRI AND CAD Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING The Court made the following order: I APHC010023422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Tenth Day of February Two Thousand and Twenty Five Present The Honourable Ms Justice B.S. Bhanumathi Writ Petition No: 2105/2025 Between; ...Petitioner B N V S Sambha Siva Rao and ...Respondent(s) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.K N Krishna Kumar Counsel for the Respondent(s): 1.GP for Irri and CAD 2.GP for Finance Planning The Court made the following: W.P. No.2105 of 2025 ^ Order: This writ petition is filed seeking the following relief: “...may be pleased to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying withheld amounts, GST amount. Further Security Deposit (FSD) amount and Earnest Money Deposit (EMD) amount by preparing final bill for the work executed by the petitioner i.e., i. O and M-Removal of Weed Growth in Thallapalem Major Drainage based on tender basics to executing the above said agreement No.74/2020-2021 10.09.2020 with the amount of Rs.6,95,802/- dated 10.09.2020 and ii. O and M-Removal of Weed Growth from 0.00 to 14.500 in Lazza Banda Major Drainage Basin under the agreement of 75/2020-2021 with the amount of Rs.17,80,057/-, as illegal, arbitrary, malafide, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitution of India and consequently direct the respondents to pay the withheld amounts, GST amount. Further Security Deposit (FSD) amount and Earnest Money Deposit (EMD) amount by preparing final bill in respect of the above works executed by the petitioner in the interest of justice and to pass such ...” me by dated 02. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount made. The petitioner contends that such no paym.ent is non-payment of money is clearly arbitrary and high-handed, requiring the interference of this Court. 03. 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), Drainage Division, J 3 W.P. No.2105 of 2025 ^ Gudivada, vide Lr.No.EE/DRG/GDV/AB/A4/Court Cases/”^, dated 04.02.2025. He submitted that the bills were not uploaded in CFMS due to lack of LOG and prayed to pass appropriate orders. 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 pay the work bills covered under Agreement Nos. 74/2020-2021 and 75/2020-2021, dated 10.09.2020, and also to return the withheld amounts, including GST, Further Security Deposit (FSD), and Earnest Money Deposit (EMD), by preparing the final bill for the above works executed by the petitioner within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. 04. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISmAR / //TRUE COPY// V SECTION OFFICER To, 1. The Principal Secretary, Irrigation and CAD Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District 2. The Principal Secretary, Finance and Planning Department Government of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District. 3. The Commissioner, CADA Vijayawada, NTR District 4. The Executive Engineer, Drainage Division Gudivada, Krishna District. 5. One CC to Sri. K N Krishna Kumar Advocate [OPUC] 6. Two CCs to GP for Irrigation and CAD, High Court Of Andhra Pradesh. [OUT] 7. Two CCs to GP for Finance Planning, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC HIGH COURT DATED:10/02/2025 ORDER WP.No.2105 of 2025 I 2 9 MAR 2025 ^ . Curreni oeciion S^SPATCHtO^"^ O' C9. ALLOWING OF THE WP WITHOUT COSTS