APHC010619402022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 37065/2022 Between: 1. G SRIDHAR GOPALA KRISHNA, S/O G. RAMA MOHAN, R/0 59A-27- 7/1A,FF-203, VENKAT MEADOWS, R.R.GARDENS VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE GOVERNMENT OF AP, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE GOVERNMENT OF ANDHRA PRADESH, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 3. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS,ELURU, WEST GODAVARI DISTRICT BY ITS COMMISSIONER. 4. THE DISTRICT COLLECTOR, ELURU, WEST GODAVARI DISTRICT 5. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, WATER RESOURCES DEPARTMENT, ELURU, WEST GODAVARI DISTRICT 6. THE EXECUTIVE ENGINEER, WRD, IRRIGATION DIVISION, NIDADUVOLU, ELURU, WEST GODAVARI DISTRICT. C.T. IS AMENDED AS PER THE COURT ORDER DT 12.01.2024. VIDE 2 VS,J W.P.No.37065 of 2022 ORDER PASSED IN I.A. 01 OF 2024. ...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 issue a Writ of MANDAMUS, declaring the action of the Respondents herein in not making payment of Bills pertaining to five (5) Agreements (i)Agreement No.99/2022-23, dated 06.05.2022, for an amount of Rs.34,57,352/-, (ii)Agreement No.100/2022-23 dated 06.05.2022, for an amount of Rs.33,48,078/- ,(iii) Agreement No.101/2022-23 dated 06.05.2022, for an amount of Rs.37,21,014/- (iv) Agreement No.102/2022-23 dated 06.05.2022, for an amount of Rs.38,43,934/-, (v)Agreement No.103/2022-23 dated 06.05.2022, for an amount of Rs.24,87,888/- executed between the Petitioner and 6th Respondent herein, basing upon Quality Control Certificate and Movement Slip issued in that regard, as illegal, arbitrary and violative of Article 14 and 19(1)(g) of the Constitution of India and consequently direct the Respondents herein to make payment of the final bill to the Petitioner in respect of the above said agreement, forthwith and to pass IA NO: 1 OF 2022 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 make payments in respect of five (5) Agreements (i)Agreement No.99/2022-23, dated 06.05.2022, for an amount of Rs.34,57,352/-, (ii)Agreement No.100/2022-23 dated 06.05.2022, for an amount of Rs.33,48,078/- ,(iii) Agreement No.101/2022-23 dated 06.05.2022, for an amount of Rs.37,21,014/- (iv) Agreement No.102/2022-23 dated 06.05.2022, for an amount of Rs.38,43,934/-, (v)Agreement No.103/2022-23 dated 06.05.2022, for an amount of Rs.24,87,888/- executed executed between the Petitioner and 6th Respondent herein forthwith, pending disposal of the above Writ Petition and pass IA 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 pleased to permit the petitioner to amend the Cause Title in the writ petition in substituting: 1. The 3 respondent as "The Pay & Accounts Officer, Works & Accounts, Eluru, West Godavari District by its Commissioner". Instead of "The Pay & Accounts Officer, Works & Accounts, Bhimaraju Gutta, 3 VS,J W.P.No.37065 of 2022 Ibrahimpatnam, Vijayawada, Krishna District - 521456". 2. The 4th Respondent as "The District Collector, Eluru, West Godavari 3. teh 5th Respondent as " The superintending Engineer, Irrigation Circle Water Resources Department Eluru West Godavari District;' Instead of " The Superintending Engineer, Irrigation Circle Water Resources Department Vijayawada Krishna District:" 4.The 6^ Respondent as "The Executive Engineer, WRD, Irrigation Division, Nidaduvolu, West Godavari District".Instead of " The Executive Engineer, WRD, Irrigation Division, Vijayawada Krishna District", in W.P. No. 37065 of 2022 and pass Counsel for the Petitioner: 1. VENKAT CHALASANI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.No.37065 of 2022 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ of MANDAMUS, declaring the action of the Respondents herein in not making payment of Bills pertaining to five (5) Agreements (i)Agreement No.99/2022-23, dated 06.05.2022, for an amount of Rs.34,57,352/-, (ii)Agreement No.100/2022-23 dated 06.05.2022, for an amount of Rs.33,48,078/-, (iii) Agreement No.101/2022-23 dated 06.05.2022, for an amount of Rs.37,21,014/- (iv) Agreement No.102/2022-23 dated 06.05.2022, for an amount of Rs.38,43,934/-, (v)Agreement No.103/2022-23 dated 06.05.2022, for an amount of Rs.24,87,888/- executed between the Petitioner and 6th Respondent herein, basing upon Quality Control Certificate and Movement Slip issued in that regard, as illegal, arbitrary and violative of Article 14 and 19(1)(g) of the Constitution of India and consequently direct the Respondents herein to make payment of the final bill to the Petitioner in respect of the above said agreement, forthwith….” 2. Heard, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 3. Today when the matter came up for hearing, the learned Assistant Government Pleader for Irrigation has furnished a copy of instructions of the Executive Engineer(FAC), Godavari Eastern Division, Ramachandrapuram vide Letter dated.18.11.2025, wherein the details of the works awarded to the petitioner and the amounts payable to the petitioner are mentioned as under: 5 VS,J W.P.No.37065 of 2022 Sl. No. Name of Work Agreement reference Amount to be paid to the Contractor 1 O&M to Desilting of Eluru Canal between Km. 46.660 to 49.900 Pulla Village, Bhimadolu Mandal Agrt.No.99/2022- 23 Dt.22.6.2022 Rs. 36.25 Lakhs 2 O&M to Desilting of Eluru Canal between Km. 53.500 to 57.950 in Bhimadolu Village, Bhimadolu Mandal 100/2022-23 Dt.22.6.2022 Rs. 35.11 Lakhs 3 O&M to Desilting of Eluru Canal between Km. 58.00 to 63.400 in Gundugolanu Village, Bhimadolu Mandal Agr.No.101/2022- 23 Dt.22.6.2022 Rs. 39.02 Lakhs 4 O&M to Desilting of Eluru Canal between Km. 63.800 to 68.700 in Pothunuru Village, Denduluru Mandal Agrt.No.102/2022- 23 Dt.22.6.2022 Rs. 40.31 Lakhs 5 O&M to Desilting of Eluru Canal between Km. 68.700 to 73.200 in Malkapuram Village, Eluru Rural Mandal Limits Agrt.No.103/2022- 23 Dt.22.6.2022 Rs. 25.46 Lakhs 4. It is further admitted that the petitioner has completed the works and that the check measurements have been carried out by the concerned authorities with respect to the executed quantities. The Quality Control authorities have also issued Quality Control Certificates. However, the petitioner’s bills will be submitted to the Pay and Accounts Office, Works and Accounts, Dowlaiswaram, subject to receipt of LOC from the concerned authority, to enable processing of the said payment. 6 VS,J W.P.No.37065 of 2022 5. In view of the admitted amounts, this Writ Petition is disposed of with a direction to the respondents to pay the admitted amounts to the petitioner, within a period of six (06) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 18.11.2025 KGR