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2025 DAILYLAW 40367 (AP)

A N R INFRA PROJECTS v. THE STATE OF ANDHRA PRADESH

WP/25366/2025 · 2025-11-10

V Sujatha

body2025

Judgment text

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APHC010491332025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25366/2025 Between: 1. A N R INFRA PROJECTS, REP BY ITS MANAGING DIRECTOR, AINAVILLI NAGESWARA RAO, S/O. LAKSHMANA SWAMY, AGED 61 YEARS, R/O. D,NO.85 EAST GODAVARI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRET DISTRICT. 3. THE ENGINEERINCHIEF IRRIGATION, DRAINAGE WING, JALASOUDHA BUILDING, GROUND FLOOR, IRRIGATION COMPOUND, GOVERNOR PETA, VIJAYAWADA, N.T.R. DISTRICT. 4. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. 5. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, WATER RESOURCES DEPARTMENT, ELURU, ELURU DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25366/2025 A N R INFRA PROJECTS, REP BY ITS MANAGING DIRECTOR, AINAVILLI NAGESWARA RAO, S/O. LAKSHMANA SWAMY, AGED 61 YEARS, R/O. D,NO.85-30-5/1, R.T.C,COLONY, RAJAHMUNDRY, EAST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR THE ENGINEERINCHIEF IRRIGATION, DRAINAGE WING, JALASOUDHA BUILDING, GROUND FLOOR, IRRIGATION COMPOUND, GOVERNOR PETA, VIJAYAWADA, N.T.R. DISTRICT. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, WATER RESOURCES DEPARTMENT, ELURU, ELURU DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3333] A N R INFRA PROJECTS, REP BY ITS MANAGING DIRECTOR, AINAVILLI NAGESWARA RAO, S/O. LAKSHMANA SWAMY, AGED 61 5/1, R.T.C,COLONY, RAJAHMUNDRY, ...PETITIONER REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND ARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR THE ENGINEERINCHIEF IRRIGATION, DRAINAGE WING, JALASOUDHA BUILDING, GROUND FLOOR, IRRIGATION COMPOUND, GOVERNOR PETA, VIJAYAWADA, N.T.R. DISTRICT. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, WATER 2 VS,J W.P.No.25366 of 2025 6. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, WATER RESOURCES DEPARTMENT, ELURU, ELURU DISTRICT. 7. THE CHIEF EXECUTIVE OFFICER, COMPREHENSIVE MANAGEMENT SYSTEM, FINANCE DEPARTMENT, IBRAHIMPATNAM, N.T.R. DISTRICT. ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment of gross amounts due Rs. 17,79,62,498/- (Rupees Seventeen crore seventy nine lakhs sixty two thousand four hundred ninety eight only) even after finalizing the bills, payable to the petitioner after the successful completion of the execution of irrigation work i.e.. Construction of Retaining Wall on Thammileru River in Eluru City and Rural limits of West Godavari District connected to the agreement No. 1/SE/2021-22 dated 13.05.2021 duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to comply with the CFMS Bill No.402284 issued in the year 2025 by paying amounts covered thereby to the petitioner and to pass IA 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 pleased to direct the respondents to pay the amounts payable to the petitioner for the irrigation work i.e.Construction of Retaining Wall on Thammileru River in Eluru City and Rural limits of West Godavari District” executed by him connected to the agreement No. 1/SE/2021-22 dated 13.05.2021 immediately along with accrued interest at 18% pa, on gross amount, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. ANANDA KUMAR VEJANDLA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 VS,J W.P.No.25366 of 2025 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.No.25366 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…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 nonpayment of gross amounts due Rs.17,79,62,498/- (Rupees Seventeen crores seventy nine lakhs sixty two thousand four hundred ninety eight only) even after finalizing the bills payable to the petitioner after the successful completion of the execution of irrigation work i e Construction of Retaining Wall on Thammileru River in Eluru City and Rural limits of West Godavari District connected to the agreement No 1/SE/202122 dated 13 05 2021 duly approved by the respondents as illegal arbitrary unjust unreasonable and unconstitutional and consequently direct the respondents to comply with the CFMS Bill No 402284 issued in the year 2025 by paying amounts covered thereby to the petitioner and to pass…” 2. Heard the learned counsel for the petitioner and as well as the learned Assistant Government Pleader. 3. The 6th respondent has filed detailed counter contending that as per the budget availability the budget was released for uploading the bills in C.F.M.S portal accordingly the bills were uploaded in C.F.M.S portal with C.F.M.S ID No.2025-402284 on 08.05.2025. But, the payment was not made to the petitioner due to the non-clearance of the budget from the finance department to pay the pending uploaded bill to the petitioner. 5 VS,J W.P.No.25366 of 2025 4. The petitioner has approached this Court for his pending payment of Rs.17,79,62,498/- on 15.09.2025. S. No. Name of the work Name of the agency CFMS Bill No. “Gross Amount Net Amount Head of Account 1 Construction of retaining walls on Thammileru river in Eluru city and rural limits of West Godavari District M/S ANR Infra projects 2025-402284 177962498 16,80,97,721.00 4711011031 105530531V In view of the fact that the net amount of Rs.16,80,97,721.00 is admittedly paid by the respondents pending disposal of the petition. 5. The contention raised by the petitioner that the amount was not paid by the department is not correct. As stated above, the Department has uploaded the bill along with the quality control certificate issued by the Quality Control authorities for the work done portion and CFMS bill number was obtained and the payment will be made to the petitioner as per the priority and availability of the budget in the CFMS portal. 6. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to pay Rs.16,80,97,721.00 to the petitioner within a period of eight (08) months from the date of receipt of the copy of the receipt of the order. 6 VS,J W.P.No.25366 of 2025 There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date:11.11.2025 GRL 7 VS,J W.P.No.25366 of 2025 275 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25366 of 2025 11.11.2025 GRL