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2025 DAILYLAW 43237 (AP)

Water Users Association No. 13 DC.III. v. The State of Andhra Pradesh

WP/6649/2025 · 2025-04-07

Sumathi Jagadam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAV^I (Special OriginalJurisdiction) / ^ TUESDAY, THE EIGHTH DAY OF APRIL IS TWO THOUSAND AND TWENTY FIVE I* ^ Li ■Df. o PRESENT „ THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6649 OF 20?R » UT / /■ Between: Water Users Association No. 13 DC.IIL, Chindukuru Represented by Its President Erasu Venkata Ramana Reddy, S/o. A.Srinvasa Reddy, Aged 57 years Occ Service R/o.H.No.3-45,Gadigarevula P.0, Gadivemula Gadigarevula, Kurnool District, AP. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary Department of Water Resources, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. ’ 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning Secretariat Buildings, Velagapudi Amaravathi, Guntur District. ^ 3. The Superintending Engineer, SRBC Government of Andhra Pradesh ^str^ct^^^^^*^^^^ Department K.C.Canal Division, Nandyal, Nandyal WRD, K.C.Canal Division Government of District Water Resources Department Nandyal, Nandyal / ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated In the affidavit filed therewith, the High Court be pleased to issue may a writ of mandamus or any other appropriate writ or of the Respondents not releasing the payment of net balance total amount of Rs.13,44,861.06/- (Rupees Thirteen Lacs Forty Four thousand Eight hundred and Sixty one Rupees and Six or direction declaring the action paisa only)/- under the LS II and Final Bill recorded in the M Books in respect of Repairs to inspection path from BCR Complex 0.000 to1.050 of escape channel near Pamulapadu Mandal under Neeru Chettu Programme Contract Nos 805/2017-18, Agreement No.831/2017-18 dated.05.02.2018 DR No.838/ 2018-19 Agreement No.835/2018-19 dated.02.07.2018. No 806/2017-18 Agreement No.832/2017-18 dated 05-02-2018, D.R.No.833/2018-19,Agreement No.830/2018-19 dated 02-07-2018, D.R.No.843/2018-19,Agreement No.840/2018-19 dated 02-07-2018, D.R.No.841/2018-19, Agreement No.838/2018-19 dated.02.07.2018, D.R.No.837/2018-19, Agreement No.834/2018-19 dated.02.07.2018, D.R.No.842/2018-19, Agreement No.839/2018-19 dated.02.07.2018, D.R.No.836/2018-19, Agreement’ No.833/2018-19 dated.02.07.2018, D.R.No.849/2018-19,Agreement No.846/2018-19 dated.02.07.2018, D.R.No.845/2018-19,Agreement ^ " No.843/2018-19 dated.02.07.2018 , D.R.No.839/2018-19, Agreement ' No.836/2018-19 dated.02.07.2018, D.R.No.847/2018-19 Agreement N6.844/2018-19 dated.02.07.2018, and D.R.No.831/2018-1 9 Agreertient No.828/2018-19 dated.02.07.2018 after finalizing the bills, payable to the petitioner in relation to the works i.e.. Constructions of Repairs to inspection path from BCR Complex 0.000 tol .050 of escape channel near- Pamulapadu Mandal under Neeru Chettu Programme, Repairs and Strengthening of Ayacut road from Kanakaya kottala to chenchaiah vanka rasta from k.m.0.000 to 2.500 k.m. even near Thudicherla (V) Jupadu Banglow (M) under Neeru Chettu Programme, Repairs to Inspection path from 1.150 to 2.100 of Escape channel near Patabanakacherla in Pamulapadu Mandal under Neeru Chettu Programme, Repairs and Strengthening of Ayacut road from Thudicherla (V) to Alagavagu rastha from km.O.OOd to km 2.500 near Thudicherla (V) Jupadu Banglow (M) under Neeru Chettu Programme, De- silting and Jungle clearance of canal slopes of,Thudicherla supply channel from km 3.200 to km 6.200 near Thudicherla (V)‘Jupadu Banglow (M) under Neeru Chettu Programme, De- silting and Jungle clearance of Chenchaiah vanka from km.0.000 to km2.500 near Kanakayakottala (V) Jupadu Banglow(M) under Neeru Chettu Programme. Repairs and Strengthening of ayacut road from Tudicharla Village to Vanalai rasta from km.0.000 to 2.500 km near Tudicharla (V) Jupadu Banglow (M) under Neeru Chettu Programme silting and Jungle clearance of canhal slopes of Thudicherla supply channel from km 6.500 to km 9.000 neaT Thudicherla (V) Jupadu Banglow (M) Neeru Chettu Progamme, Repairs and Strengthening to ayacut road from Vadde Subbarayadu rastha to-K.Maddilety rastha from De- under k.m.0.000 to km.2.500 near Thudicherla (V) Jupadu Banglow (M) under Neeru Chettu Programme, De-silting and jungle clearance of Goddela vagu from km 0.000 to km 3.000 near Vanala (V) Pdmulapadu (M) under Neeru Programme, De-silting and Jungle clearance of Chettu canal slope of Thudicherla supply channel from km O.OOD toKm 3.000 near Thudicherla (V) Jupadu Banglow (M) under Neeru Chetfu Programme, Repairs and Strengthening ayacut road from Thudicherla rasitha to Aritichetia rastha near sluice No.2 of from km 0.000 to km 2.500 near Thudicherla(V) Jupadu Banglow (M) Kleeru Chettu Programme, Ba-srltin^^ jungle clearance of Madduru Vanka from km 0.000 to km-^ 3.500 under near Kanakayakottala (V) Jupadu Banglow (M) under Neeru Chettu Programme, Repairs and strengthening ayacut road from Kanakayakottala Village to Tudicherla rasta km 0.000 of to 2.500km near Tudicherla (V) Jupadu Banglow (M) under Neeru Chettu Programme is illegal, arbitrary and consequently direct the respondents pay for payment of amounts ^f RK 13,44,861.06/-(Rupees Thirteen Forty Four thousand Eight hanired and Sixty Rupees and Six paisa only)/- vide LS II and Final Bill recorded in the M Books with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith: to Lacs lA NO: 1 OF 2Q2fi 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 pay for payment of amount of Rs. 13,44,861.06/-(Rupees Thirteen Lacs Forty Four thousand Eight hundred and Sixty one Rupees and Six paisa only)/- vide LS II & Final Bill recorded in the M Books with interest @24P/o: per annum for the delayed amount to the petitioner in respect of executiQn'’of works i.e. Constructions of Repairs to inspection path from BCR Complex 6.000 tol.050 of escape channel near Pamulapadu Mandal under Neeru Chettu Programme, Repairs and Strengthening of Ayacut road from Kanakaya Kottala to chenchaiah vanka rasta from k.m.0.000 to 2.500 k-m. near Thudicherla (V) Neeru Chettu Programme, Repairs to channel near Jupadu Banglow (M) under Inspection path from 1.150 to 2.100 of E^dape Patabanakacherla in Pamulapadu Mandal under Neeru Chettu Programme Repairs and Strengthening of Ayacut road from Thudicherla (V) to Alagavagu rastha from km.0.000 to km 2.500 near Thudicherla (V) Jupadu- Banglow (M) under Neeru Chettu Programme, De- silting and Jurigle clearance of canal slopes of Thudicherla supply channel from km 3.200 to krn 6.200 near Thudicherla (V) Jupadu Banglow (M) under Neeru Cfrdttu-Programme, De- silting and Jungle clearance of Chenchaiah vanka' from km.0.000 to km2.500 Kanakayakottala (V) Jupadu'Ban6ft3w(M) under Neeru Chettu Programme, Repairs and Strengthening of ayacut road from Tudicharla Village to Vanala rasta from km.0.000 to 2.500 krh ne'ar Tudicharla (V) Jupadu Banglow (M) Under Neeru Chettu Programme, De- silting and Jungle clearance of cannal Slopes of Thudicherla supply channel from km 6.500 to km 9.000 near Thudicherla (V) Jupadu Bangtow (1\^ under Neeru Chettu Progamme, Repairs and Strengthening to ayacut orad from Vadde Subbarayadu rastha to K.Maddilety rastha from k.hi.0.000 to km.2.500 near Thudicherla (V) Jupadu Banglow (M) under Neeru dhettu Programme, De-silting and jungle clearance of Goddela vagu frdni km 0.000 to km 3.000 near Vanala (V) Pamulapadu (M) under Neeru Chettu Programme, De-silting and Jungle clearance of canal slopes of Thudicherla supply channel from km 0.000 to km 3.000 near Thudicherla (V) Jupadu Banglow (M) under Neeru Chettu near Programme, Repairs and Strengthening of ayacut road from Thudicherla rastha to Aritichetia rastha near sluice No.2 from km 0.000 to km 2.500 Thudicherla(V) Jupadua Banglow (M) under Neeru Chettu Programme, De- silting and jungle clearance of Madduru Vanka from km 0.000 to km 3.000 near near Kanakayakottala (V) Jupadu Banglow (M) under Neeru Chettu Programme, Repairs and strengthening of ayacut Kanakayakottala Village to Tudicherla rasta km 0.000 to 2.500km Tudicherla (V) Jupadu Banglow (M) under Neeru Chettu Programme forthwith, pending disposal of the Writ Petition. road from near Counsel for the Petitioner: SRI K B RAMANNA DORA Counsel for the Respondents: GP FOR IRRIGATION AND CAD Counsel for the Respondents: GP FOR FINANCE & PLANNING The Court made the following order: / APHC010126622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT the honourable smt justice SUMATHI JAGADAM WRIT PETITION NO: 6647/2025 Between; Water Users Association ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner; 1. K B RAMANNA DORA Counsel for the Respondent{S); 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following ORDER; In spite of adjourning the matter, the respondents have not filed their counter affidavit. The petitioner is a registered Water Users Society and a contractor. The petitioner was entrusted with various contract works under Neeru Chettu Programme. The petitioner has completed the work. The respondents have paid work amount but have withheld an amount of Rs.13,44,861.06/ - with interest @ 24% per annum. 2. \ t \l 3. Learned counsel for the petitioner submits that the petitioner has^. completed the works within the stipulated time and invested huge money by borrowing the same from third parlies on interest for the purpose of executing the works. Since the amounts are not released on time, the petitioner is paying huge interest and facing hardship and prays to release the amounts. 4. On the other hand, learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, on oral instructions, submitted that the bills are pending for fund clearance, and prayed to pass appropriate orders. 5. In view of the submissions of learned counsel for the petitioner and learned Government Pleader for Irrigation, this Writ Petition is disposed of, with a direction to the respondents to release the total amount of Rs.13,44,861.06/- (WHA) to the petitioner along with interest on the said amount 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 (2) months from the date of receipt of a copy of the order. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/-K J RAJA BABU ASSISTANT jREGISTRAR //TRUe COPY// SECTION OFFICER | c:.. 'r-' •S- -w-' ' To, 1. The Special Chief Secretary:Department of Water Resources, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi Guntur District. 3. The Superintending Engineer, SRBC Government of Andhra Pradesh ^ " Water Resources Department K.C.Canal Division, Nandval Nandval District. ’ 4. The Executive Engineer, WRD, K.C.Canal Division Government of Andhra Pradesh Water Resources Department Nandyal Nandyal District. 5. One CC to Sri K B Ramanna Dora, Advocate [OPUC] ''■'■'gation & CAD, High Court of Andhra Pradesh. Finance & Planning, High Court of Andhra Pradesh. 8. Two CD Copies RAM HIGH COURT \ DATED:08/04/2025 ORDER WP.No.6649 of 2025 I 2S S£P m Current Section . DISPOSING OF THE WP WITHOUT COSTS