IN THE HIGH COURT OF ANDHRA PRAD AT AMARAVATI A APHC010438512022 (Special Original Jurisdiction) i|^ t MONDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 27519 OF 2022 Between; M/s Nipun Constructions, Rep. by its Managing Partner K. Srinivasu S/o Satyanarayana, aged about 48 years, Occ- Contractor, R/o 8-3-678/70, 1st Floor, Pragatinagar, Srinagar Colony, Hyderabad. ...Petitioner AND 1. The Government of Andhra Pradesh, Rep. by its Principal Secretary, (Projects) Water Resources Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Engineer-In-Chief, Polavaram Irrigation Project, Government of Andhra Pradesh, Dowaleswaram, East Godavari District. 3. The District Collector, West Godavari District. 4. The Chief Engineer, Polavaram Irrigation Project, Dowaleswaram, East Godavari District. 5. The Superintendent Engineer, PIPRNC Circle, Eluru, West Godavari District. 6. The Executive Engineer, PIPRNC Division-Ill, Jangareddygudem, West Godavari District. 7. The Government of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 8. The Government of Andhra Pradesh, Rep. by its Chief Secretary, General Administration Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur 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 to declaring the inaction on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs.2,02,69,000/- with interest for execution of work, even though total works were completed in the year 2017 as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequentially to direct the respondents to release and pay the bill worth of Rs.2,02,69,000/- with interest to the petitioner forthwith. lA NO: 1 OF 2022 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 release and pay the bill worth of Rs.2,02,69,000/- with interest to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI BOKKA SATYANARAYANA Counsel for the Respondent No.1 to 6: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.7: GP FOR FINANCE AND PLANNING Counsel for the Respondent No.8: GP FOR GENERAL ADMINISTRATION The Court made the following: APHC010438512022 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.27519 OF 2022 Between: M/s. Nipun Constructions, Rep. by its Managing Partner, K. Srinivasu, S/o.Satyanarayana, Aged about 48 Years, Contractor, R/o.8-3-678/70, Floor, Pragatinagar, Srinagar Colony, Hyderabad Petitioner and The Government of A.P., Rep. by its Principal Secretary, (Projects) Water Resources Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District and 7 others Respondents Sri Bokka Satyanarayana G.P for Irrigation & CAD G.P for Finance and Planning & G.P. for General Administration Counsel for the petitioner Counsel for the respondents The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: i 2 JS,J WP No.27519/2022 “ to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs.2,02,69,000/- with interest for execution of work, even though total works were completed in the year 2017 as illegal, arbitrary and violation of Articles 14, 16 and 21 of Constitution of India and consequentially direct the respondents to release and pay the bill worth of Rs.2,02,69,000/- with interest to petitioner forthwith, and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. The Government of A.P. has taken up inter linking of River Godavari and River Krishna through Polavaram Irrigation Project Right Main canal duly lifting Godavari Water by Pattiseema lift scheme. Instructions were given to the original EPC agencies to clear the hurdles for free flow of water. As there was no response from the original EPC agencies, the works were deleted under clause 60(C) of PS to APDSS and entrusted to the willing agencies on nominal basis at IBM estimate rate. The petitioner has filed material regarding entrustment of the work i.e., Formation of Inspection Paths from Km. 14.800 to Km. 25.400 on Left and Right side banks of PIPRMC in package No.II in his favour on nomination basis and completed the works in the year 2017 itself. 3. Though the matter undenA/ent several adjournments, no counter affidavit is filed on behalf of the respondents. However, learned Assistant 3 JS,J WP No.27519/2022 Government Pleader for Irrigation and CAD, appearing on behaif of the respondents, on instructions, submits that the petitioner has not produced any agreements and M-Books to establish the works done by the petitioner for claiming the bills or works amount. 4. Heard Sri Bokka Satyanarayana, learned counsel for the petitioner, and learned Assistant Government Pleader for Irrigation and CAD, appearing on behalf of the respondents, and perused the material available on record. 5. The petitioner has completed the works within time frame. The Government vide Memo, dated 12.06.2019, has clarified that no fresh permission is required for payment of sanctioned amount outlined in G.O.Ms.No.21, dated 16.02.2016. Furthermore, instructions were given to the Engineer-in-Chief to determine the value of subject works by obtaining recommendation from the SLSC. 6. The respondents are not disputing the works entrusted to the petitioner. The objection raised by the respondents is that the petitioner has not filed agreement and M-Books to prove his claim. The claim of the petitioner is that when the original agency was not coming forward to resolve the obstacles of the un-restricted workflow, the urgent works were removed from clause 60(C) of PS to APDSS and the same were 4 0^ JS,J WP No.27519/2022 entrusted to the willing agencies on nominal basis. It is evident that through Lr.No.EE/PIPRMC Divn.No.3/JRG/DB/TO/ATO/Pack-ll/Camp-l, dated 23.07.2016, of the Executive Engineer, PIPRMC Division No.Ill, Jangareddigudem that permission was accorded to the willing agencies like that of the petitioner. Having executed the works, the respondents cannot doubt the petitioner for releasing the amount, particularly when the petitioner has completed the works on war footing basis. Since more than 8 years have lapsed, to end the difficulties faced by the petitioner, who invested a huge sum, this Court feels it appropriate to release the amount to the petitioner, as per his entitlement. In view of my foregoing discussion, the Writ Petition is disposed of with the following directions: 7. i) The respondents are directed to clear the bills submitted by the petitioner and release the payment of Rs.2,02,69,000/- within three (3) months from the date of receipt of a copy of this order with interest at 6% p.a. vide the common judgment of a Division Bench of this Court in Writ Appeal No.724 of 2021 and batch, dated 12.10.2023; and ii) The interest shall be computed from the date of expiry of one (1) month from the date of submission of the bills by the r 5 JS,J WP No.27519/2022 petitioner till the date of payment. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, Government of Andhra Pradesh, (Projects) Water Resources Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Engineer- In- Chief, Polavaram Irrigation Project, Government of Andhra Pradesh, Dowaleswaram, East Godavari District. 3. The District Collector, West Godavari District. 4. The Chief Engineer, Polavaram Irrigation Project, Dowaleswaram, East Godavari District. 5. The Superintendent Engineer, PIPRNC Circle, Eluru, West Godavari District. 6. The Executive Engineer, PIPRNC Division-Ill, Jangareddygudem, West Godavari District. 7. The Principal Secretary, Government of Andhra Pradesh, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 8. The Chief Secretary, Government of Andhra Pradesh, General Secretariat Buildings, Velagapudi, To, Administration Department, Amaravati, Guntur District. 9. One CC to SRI. BOKKA SATYANARAYANA, Advocate [OPUC] Two CCs to GP FOR FINANCE & PLANNING, High Court of Andhra Pradesh [OUT] 10. 11. Two CCs to GP FOR GENERAL ADMINISTRATION of Andhra Pradesh [OUT] Two CCs to GP FOR IRRIGATION & CAD, High Court of Andhra Pradesh [OUT] Three CD Copies High Court 12. 13. sree HIGH COURT DATED:07/04/2025 ORDER W.P.No.27519/2022 ^0 3 JUL 2025 , CO O K^^urrentSoctigiiX^ DISPOSING OF THE W.P. WITHOUT COSTS