IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1654 OF 2025 Between: Kodali Sarat Kumar, S/o. Venkata Krishna Rao, D.No.1-170, Main Road Sugar Colony, Vuyyuru, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Guntur District. 3. The Pay & Accounts officer. Works & Accounts Narasaraopet. 4. The District Collector, Bapatia District. 5. The Superintending Engineer, Irrigation Circle, Water Resources Department, Guntur. 6. The Executive Engineer, WRD, Drainage Division, Repalli. ...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, declaring the action of the Respondents herein in not making payment of Bills pertaining to three (3) Agreements (i)Agreement No.61/2020-21, dated 03.08.2020, for an and (li)Agreement amount of Rs.7,31,208 and ASD of 40,977/- i No.63/2020-21 dated 03.08.2020, for an amount of Rs. 16,20,755/- and ASD of 90,828/-, (iii)Agreement No.62/2020-21 dated 03.08.2020, for amount of Rs.9,24,457/- and ASD of 51,807 executed between the Petitioner and 6'^ Respondent herein, as illegal, arbitrary and violative of Articles 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. 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 make payments in respect of three (3) Agreements Agreement No.61/2020-21, dated 03.08.2020, Agreement No.63/2020-21 dated 03.08.2020 and Agreement No.62/2020-21 dated 03.08.2020 executed between the Petitioner and Respondent herein forthwith, pending disposal of the above Writ Petition. Counsel for the Petitioner: SR! VENKAT CHALASANI Counsel for the Respondent Nos.1, 5 & 6: GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT Counsel for the Respondent Nos.2 & 3: GP FOR FINANCE & PLANNING Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following: ORDER an APHC010030882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Twenty Fourth day of February, 2025 Present The Honourable Ms Justice B.S.Bhanumathi Writ Petition No: 1654/2025 Between: Kodali Sarat Kumar ...PETITIONER AND The State of A.P. and others ...RESPONDENT(S) Counsel for the Petitioner: 1.VENKATCHALASANI Counsel for the Respondent{S): 1.GP FOR IRRIGATION COMM AREA DEV 2.GP FOR FINANCE PLANNING The Court made the following: 2 W.P.No.1654 of 2025 ORDER: This writ petition is filed 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 three (3) agreements (i)Agreement No.61/2020- 21, dated 03.08.2020, for an amount of Rs.7,31,208/- and ASD of Rs.40,977/- and (ii)Agreement No.63/2020-21 dated 03.08.2020, for an amount of Rs. 16,20,755/- and ASD of Rs.90,828/-, (iii) Agreement No.62/2020-21 dated 03.08.2020, for an amount of Rs.9,24,457/- and ASD of Rs.51,807 executed between the petitioner and 6*^ respondent herein, 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...” It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amounts, no payment is made. The petitioner contends that such non payment of money is clearly arbitrary and high-handed, requiring the interference of this Court. 02. 03. On the other hand, the learned Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed record instructions received from the Executive Engineer (FAC), Drainage Division, Repalle issued vide Lr.No.EE/DD/RPL/AB/A1/, dated 15.02.2025 and submitted that bills were not uploaded in CFMS due to non-availability of sufficient budget under the relevant head of accoynt of O&M works. on I 3 W.P.No.1654 of 2025 It is pertinent to mention that the petitioner claimed for total amount of Rs.34,60,032/-, whereas in the written instructions the total amount admitted is Rs.34,18,156/-. As such, the Order is limited to the amount to Rs.34,18,156/-. But this Order does not disentitle the petitioner for higher amount, if so entitled. 04. 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 release the amount of Rs.34,18,156/- (Thirty Four Lakh Eighteen Thousand One Hundred Fifty Six Rupees only) to the petitioner, within a period of two (02) months from the date of receipt of a copy of this order. However, if the petitioner is entitled to any higher amount, the same shall also be paid as per the entitlement. There shall be no order as to costs. 05. 06. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- M SRiNiVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Water Resources Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Finance & Planning Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 3. The Pay & Accounts officer. Works & Accounts Narasaraopet. 4. The District Collector, Bapatia District. 5. The Superintending Engineer, Irrigation Circle, Water Resources Department, Guntur. 6. The Executive Engineer, WRD, Drainage Division, Repalli. 7. One CC to Sri Venkat Chalasani, Advocate [OPUC] 8. Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. gi HIGH COURT DATED;24/02/2025 ORDER ; 2 0 MAR 2025 ?! WP.No.1654 of 2025 .■a Current Section . ^ Ja£^SPATCV\^r«^ ALLOWING THE WRIT PETITION WITHOUT COSTS