n ; IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 25147 OF 2024 Between: Vins Infra Projects, Rep. by its Managing Partner Bommavaram Suman Kumar Reddy, S/o. Subbareddy, age 39 Years, R/o.D.No.6/31, GudurTown, East Street Gudur, SPSR Nellore District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, A.P. Secretariat Building, Velagapudi, Amaravathi. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, A.P. Secretariat Building, Velagapudi,Amaravathi. The District Collector, Tirupati, Tirupati District. The Chief Engineer, Minor Irrigation Department, Nellore, SPSR Nellore District. The Superintending Engineer (Irrigation Circle), Irrigation Circle, Nellore, SPSR Nellore District. The Executive Engineer (W.R.Dept), Nellore South Division, Gudur, Tirupati District. The Pay and Account Officer, Tirupathi,Tirupathi District. 1. 2. 3. 4. 5. 6. 7. ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the bill amount for the contract work executed by the petitioner for providing 'FDR-11/2021-Repairs to Left side and Right Side banks of Surplus course of Gudur Tank in Gudur Mandal' in SPSR Nellore District through Agreement No 152/DN/2022 dated 30.03.2022for an amount of Rs.7,44,601/- with 18% per annum interest is illegal, arbitrary and contrary to law, violation of principles of natural justice and contrary to law, consequently direct the respondent authorities to release an amount of Rs. 7,44,601/- with interest at 18percent per annum for the contract works executed by the petitioner for providing FDR-11/2021 - Rapairs to Left side and Right Side banks of Surplus course of Gudur Tank in Gudur Mandal' in SPSR Nellore District Agreement No 152/DN/2022 dated 30.03.2022 for an amount of Rs. 7,44,601/-. lA 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 to direct the respondent authorities to release an amount of Rs. 7,44,601/- with interest at 18% per annum for the contract works executed by the petitioner for providing “FDR-11/2021-Repairs to Left side and Right Side banks of Surplus course of Gudur Tank in Gudur Mandal" in SPSR Nellore District Agreement No 152/DN/2022 dated 30.03.2022for an amount of s. 7,44,601/- forthwith. Counsel for the Petitioner: SMT. MARELLA RADHA Counsel for the Respondent Nos.1, 3 to 6: GP FOR IRRIGATION AND CAD Counsel for the Respondent Nos.2 & 7: GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010486342024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 25147/2024 Between: ...PETITIONER Vins Infra Projects AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MARELLA RADHA Counsel for the Respondent(S): 1.GP FORIRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: i*- 2 W.P.No.25147of2024 ORDER: This writ petition is filed seeking the following relief; “...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the bill amount for the contract work executed by the petitioner for providing “FDR-11/2021-repairs to left side and right side banks of surplus course of Gudur Tank in Gudur Mandal" in SPSR Nellore District through Agreement No.152/DN/2022 dated 30.03.2022 for an amount of Rs.7,44,601/- with 18% interest per annum is illegal, arbitrary and contrary to law, violation of principles of natural justice and consequently direct the respondent authorities to release an amount of Rs.7,44,601/- with interest at 18% per annum for the and to pass...” It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, 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. 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, W.R.D., Nellore South Division, vide letter No.EE/NS Divn.,/GDR/AB/A. 1/776 dated 09.12.2024. The relevant portion of the written instructions is usefully extracted as follows: 03. M 3 W.P.No.25147 of 2024 ‘...In view of above it is brought to the notice All FDR Works sanctioned by the District Coiiector work started and completed the irrigation tanks, canals, channels effected breaches and and to arrest the water for purpose. and the war foot basis to protect etc., from cyclone on save the lives of the public, cattles drinking and Irrigation Hence the proceedings of the District Nellore may be considered and agency. Collector payment made to the The above facts again will be brought to the of the Pay and Account officer Tirupati for payment to the petitioner...” notice arranging 04. In view of the submissions of the learned counsel for the petitioner and the learned Assistant Government i this Writ Petition is aiiowed with a direction to the reiease the amount of Rs.7,44,601/- (Seven Lakh Six Hundred One Rupees only) to the Pleader for Irrigation respondents to Forty Four Thousand petitioner, along with the interest per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 as and batch of cases dated 12.10.2023, within a period of two (02) months from the date of receipt petitioner is entitled to any higher amount, the same shall also be paid as per the entitlement. of a copy of this order. However if the 05. It is open to the petitioner to interest, if any, payable by the respondents forum^There shall be no order as to costs. agitate the claim for higher rate of , before an appropriate 4 W.P.No.25147 of 2024 / 06. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1. The Principal Secretary, Irrigation Department, State of Andhra Pradesh, A.P. Secretariat Building, Velagapudi, Amaravathi. 2. The Principal Secretary, Finance Department, State of Andhra A.P. Secretariat Building, Velagapudi,Amaravathi. 3. The District Collector, Tirupati, Tirupati District. 4. The Chief Engineer, Minor Irrigation Department, Nellore District. 5. The Superintending Engineer (Irrigation Circle), Irrigation Circle, Nellore, SPSR Nellore District. 6. The Executive Engineer (W.R.Dept), Nellore South Division, Tirupati District. 7. The Pay and Account officer, Tirupathi.Tirupathi District. 8. One CC to Smt. Marella Radha, Advocate [OPUC] 9. Two CCs to GP for Irrigation and CAD, High Court of Andhra [OUT] 10. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. Pradesh SPSR Nellore Gudur, Pradesh. ssb 1 HIGH COURT DATED:27/01/2025 ORDER WP.No.25147 of 2024 I 15 MAY 2025 f ^ . Current Section W ALLOWING THE W.P. WITHOUT COSTS