I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI {^Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ' PRESENT HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 30451 OF 2024 , Between: The Water User Association No.25, Rep by its Mandla Gurrappa, S/o. Gurrappa, aged about 45 Years R/o. Kanala Village, Nandyal District ...PETITIONER AND The State of AP, Rep. by its Principal Secretary, Irrigation Department, A-P. Secretariat Building, Velagapudi, Amaravathi. (he State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 1. 2. The District Collector, Nandyal, Nandyal District. The Chief Engineer, Minor Irrigation Department, Vijayawada, Krishna District. The Superintending Engineer (Irrigation Circle), Miner Irrigation Works, Kurnool, Kurnool District. The Executive Engineer (W.R. Dept), KC Canal Division, Nandyal, Nandyal District. 3. 4. 5. 6. ...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 Withheld amount for the works executed by !•’ the petitioner under the scheme Neeru Chettu Providing Execution of i) .«rmprovements to jeep track from Km 2.000 to 3.7000 of Sirivella Branch channel of K.C. Main Canal through the Agreement No.362/2018-19 and dated 18.04.2018 for an amount of Rs.71,450/,- ii) Strengthening jeep track from Km 3.800 to 5.7000 of Sirivella Branch channel of K.C. Main Canal through the Agreement No.363/2018-19 and dated 18.04.2018 for amount of Rs.71,279/-, iii) Strengthening of jeep track of Jillella Pipe Sluice of K C Canal through the Agreement No.378/2018-19 and dated 18.04.2018 for an amount of Rs.71,228/-, iv) Strengthening of jeep track of 151 R Channel from Km 0.000 to tail end of K C Canal through the Agreement No.373/2018-19 and dated 18.04.2018 for an amount of Rs.71,228/- , v) Strengthening of Rallavanka near pasurupadu vill of Gospadu Mandal through the Agreement No.372/2018-19 and dated 18.04.2018 for an amount of Rs.71,343/- , vi) Repairs to Ayacut road from Jillella barial Ground to Nandyal dava(Up to Meruva Venkata Reddy fields) of KC Canal through the Agreement No.374/2018-19 and dated 18.04.2018 for an amount of Rs.71,228/-, vii) Repairs to Ayacut road from Sambavaram Village to Bollayya fields near Sambavaram Village of K.C.Canal through the Agreement No.455/2017-18 and dated 25.11.2017 for an amount of Rs.66,702/-, viii) Repairs to Ayacut road from Satyanarayanapuram village to fields near Satyanarayanapuram village of K.C.Canal through the Agreement No.377/2018-19 and dated 18,04.2018 for an amount of Rs. 71,228/-, ix) Repairs to Ayacut road from Vanka bridge to Chebolu road of Kanala Tank supply Channel of K.C.Canal through the Agreement No.457/2017-18 and dated 25.11.2017 for amount of Rs. 66,489/-, and x) De-silting of Chabolu to Palakendram Vanka near habolu (Vill), Nandyal Mandal of Kurnool District through the Agreement No.557/2017-18 and dated 29.12.2017 for an amount of Rs.69,859/-, totaling an amount of Rs.7,02,034/-. with 18% interest is illegal, arbitrary and contrary to law and unconstitutional and violation of Article 14 of Constitution of India and consequently direct the respondent an an ^ authorities to release the Withheld amount an amount of Rs.7,02,034/-with 18% Per annum to the petitioner in respect of the execution of aforementioned work forthwith. 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 the Withheld amount of Rs.7,02.034/^with interest at 18% for the works executed by the petitioner under the scheme Neeru Chettu Providing Execution of Works i) Improvements to jeep track from Km 2.000 to 3.7000 of Sirivella Branch channel of K.C. Main Canal through the Agreement No.362/2018-19 and dated 18.04.2018 for an amount of Rs.71.450/,- ii) Strengthening jeep track from Km 3.800 to 5.7000 of Sirivella Branch channel of K.C. Main Canal through the Agreement No.363/2018-19 and dated 18.04.2018 for an iii) Strengthening of jeep track of Jiliella Pipe Sluice of K C Canal through the Agreement No.378/2018-19 and dated 18.04.2018 for an amount of Rs.71,228/-, iv) Strengthening of jeep track of 151 R Channel from Km 0.000 to tail end of K C Canal through the Agreement No.373/2018-19 and dated 18.04.2018 for an amount of Rs.71,228/- , v) Strengthening of Rallavanka near pasurupadu vill of Gospadu Mandal through the Agreement No.372/2018-19 and dated 18.04.2018 for an amount of Rs.71,343/- , vi) Repairs to Ayacut road from Jiliella barial Ground to Nandyal dava(Up to Meruva Venkata Reddy fields) of KC Canal through the Agreement No.374/2018-19 and dated 18.04.2018 for an amount of Rs.71,228/-, vii) Repairs to Ayacut road from Sambavaram Village to Bollayya fields near Sambavaram Village of K.C.Canal through the Agreement No.455/2017-18 and dated 25.11.2017 for an amount of Rs.66,702/-, viii) Repairs to Ayacut road from Satyanarayanapuram village to fields near Satyanarayanapuram village of K.C.Canal through the Agreement No.377/2018-19 and dated 18.04.2018 amount of Rs.71,279/- ^ for an amount of Rs. 71,228/-, ix) Repairs to Ayacut road from Vanka bridge to Chebolu road of Kanala Tank supply Channel of K.C.Canal through the Agreement No.457/2017-18 and dated 25.11.2017 for amount of Rs. 66,489/-, and x) De-silting of Chabolu to Palakendram Vanka near Chabolu (Vill), Nandyal Mandal of Kurnool District through the Agreement No.557/2017-18 and dated 29.12.2017 for an amount of Rs.69,859/-to the petitioner. an Counsel for the Petitioner: SMT. MARELLA RADHA Counsel for the Respondent Nos. 1, 3 to 6: GP FOR IRRI AND CAD Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following: ORDER w •r'J ✓ TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 30451/2024 Between: The Water User Association No.25 ...PETITIONER AND The State of Andhra Pradesh and others Counsel for the Petitioner: 1.SMT MARELLA RADHA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING ...RESPONDENT(S) The Court made the following: ORDER: In spite of adjourning the matter, the respondents have not filed their counter affidavit. 2. The petitioner is the president of Water User Association Committee No.25 and was entrusted with various works under Neeru Chettu scheme. The petitioner has completed the work. Having satisfied with the work, the respondents have paid the work amount but have not paid the withheld amount of Rs.7,02,034/-. 3. Learned counsel for the petitioner submits that the petitioner has invested huge money by borrowing the same from the third parties for execution of the works. The petitioner has made representation to the authorities to release the withheld amount but the same was not considered till date. 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, and such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 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. 4. In view of the submissions of learned counsel for the petitioner and learned Government Pleader for Irrigation, this Writ Petition is 5. disposed of, with a direction to the respondents to release the total amount of Rs.7,02,034/- (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 four (4) weeks 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/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Irrigation Department, A.P. Secretariat Building, Velagapudi, Amaravathi. (By RPAD) 2. The Principal Secretary, Finance Department, A.P. Secretariat Building, Velagapudi, Amaravathi. (By RPAD) 3. The District Collector, Nandyal, Nandyal District. (By RPAD) 4. The Chief Engineer, Minor Irrigation Department, Vijayawada, Krishna District. (By RPAD) 5. The Superintending Engineer (Irrigation Circle), Miner Irrigation Works, Kurnool, Kurnool District. (By RPAD) 6. The Executive Engineer (W.R. Dept), KC Canal Division, Nandyal, Nandyal District. (By RPAD) 7. One CC to Smt. Marella Radha, Advocate [OPUC] 8. Two CCs to GP for Irri and CAD, High Court of Andhra Pradesh. [OUT 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies TF HIGH COURT DATED:08/04/2025 /O 2 8 MAY 2025 X m o <h. . Curr«iii otfcuoi) ^ ORDER WP.No.30451 of 2024 DISPOSING OF THE W.P., WITHOUT COSTS