IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) 2^ MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE MS JUSTICE B. S. BHANUMATHI . WRIT PETITION NO: 25832 OF 2024 Between: Shaik Jani, S/o.Syaida Saheb, aged about 47 years, R/o.D.No.8-22-57, 2 Lane, Sitarama Nagar, Guntur, Guntur District. nd ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. 3. The Executive Engineer, K.W.Division, Tenali, Guntur District. 4. The Deputy Executive Engineer, Eastern Sub-Division, Repalle, Bapatfa District. 5. The Assistant Engineer, Water Resources Department, No.1, Vemuru Vemuru Village, Bapatja 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 Respondents in not paying the First and Final Bill an amount of Rs.10,19.150/-. out of gross amount of Rs. 13,58,867/- to the petitioner in respect of the work Agreement No.38KW/2023-24, dated 25.07.2023, for execution of O and M spraying chemical on weed growth of Kollipara channel in between 7.00.K.M to 16.700.K.M and Its branches in Vemuru Mandal, being illegal, arbitrary and.violation of Article 14, 19(1)g and 21 of the Constitution of India and consequently direct the respondents forthwith to pay the First and Final Bill an amount of Rs.10,19,150/-, out of gross amount of Rs. 13,58,867/- to the petitioner in respect of the Work Agreement NO.38KW/2023-24, dated 25.07.2023, for execution of O and M spraying chemical on weed growth of Kollipara channel in between 7.00.K.M to 16.700.K.M and its branches in Vemuru Mandal. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Fligh Court may be pleased to direct the respondents to pay the First and Final Bill an amount of Rs.10,19,150/-, out of gross amount of Rs. 13,58,867/- to the petitioner in respect of the Work Agreement No.38KW/2023-24, dated 25.07.2023, for execution of O and M spraying chemical on weed growth of Kollipara channel in between 7.00.K.M to 16.700.K.M and its branches in Vemuru Mandal pending disposal of the above writ petition.^ Counsel for the Petitioner; SRI MADHAVA RAO NALLURI Counsel for the Respondent Nos.1, 3 to 5 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010497642024 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: 25832/2024 Between: ...PETITIONER Shaik Jani AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MADHAVA RAO NALLURI Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: 2 W.P.No.25832 of2024 ORDER: This writ petition is filed seeking the following relief: “...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not paying the first and final bill an amount of Rs.10,19,150/-, out of gross amount of Rs.13,58,867/- to the petitioner in respect of the work agreement No.38KW/2023- 24, dated 25.07.2023, for execution of O&M spraying chemical on weed growth of Kollipara channel in between 7.00.K.M to 16.700.K.M and its branches in Vemuru Mandal, being illegal, arbitrary and violation of Article 14, 19(1)g and 21 of the Constitution of India and consequently direct the respondents forthwith to pay the first and final bill an amount of Rs.10,19,150/-, out of gross amount of Rs. 13,58,867/- to the petitioner in respect of the work agreement NO.38KW/2023-24, dated 25.07.2023, for execution of O&M spraying chemical on weed growth of Kollipara channel in between 7.00.K.M to 16.700.K.M and its branches in Vemuru Mandal, and pass...” 02. 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. 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, K.W. Division, 03. 3 W.P.No.25832 of 2024 V Tenali, dated 28.12.2024. The written instructions are usefully extracted as follows: “...The value of work done under this agreement is Rs.12,03,799/-(work done- Rs.10,19,150/- + NAC Rs.1019/-+GST Rs.1,83,630/-) and the work was completed on 19.12.2023 and the bill was recorded vide measurement book No.5455KW & 5454 KW... In this connection, it is submitted that due to non-availability of funds, bill was not paid. Soon after release of funds by the government, bill will be paid...” 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.10,19,150/- (Ten Lakh Nineteen Thousand One Hundred Fifty Rupees only) to the petitioner, as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, 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 shall also be paid as per the entitlement. There shall be no order as to costs. 04. same 05. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/-VSAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, P^'incipal Secretary, Water Resources Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal Guntur District. 2. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. The Executive Engineer, K.W.Division, Tenali, Guntur District. The Deputy Executive Engineer, Eastern Sub-Division, Repalle, Bapatia District. The Assistant Engineer, Water Resources Department, No.1, Vemuru Vemuru Village, Bapatia District. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] Two CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. V ' ( -t \ 3. 4. 5. 6. 7. 8. 9. Cnr <S*. • HIGH COURT DATED:27/01/2025 ORDER Cj V'i WP.No.25832 of 2024 o 21JUN 2025 4££SPATCHea^ rni O 03 ALLOWING THE W.P. WITHOUT COSTS