■ I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No: 29067 OF 2024 Between: Mrs.D.Adi Lakshmi, W/o. Mr. D. Ayyapu Reddy, Aged about 46 years, Occ: Civil Contractor, R/o. H. No. 239, Koratamaddi Village, Gadivemula Mandal, Kurnool District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department (Irrigation & CAD), Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Superintending Engineer, Irrigation Circle, Kurnool, Kurnool District, A.P. 3. The Executive Engineer, M.l. Works Division, Kurnool Kurnool District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh, ...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, k *■ i declaring action of the respondents in not releasing the Earnest Money Deposits @ 2.5% and withheld amounts @ 7.5%^r^ the con/ra"chja^wo7ks~ undertaken by the petitioner under Neeru Chettu Scheme in lieu of the Agreement No’s. 1. 568/2018-19 dated 15-06-201 for the work of “Excavation of Dugout Farm Pond No.2 near H. Muravani (v) Peddakadaburu (M), Kurnool (D)’’, 2. 567/2018-19 dated 15-06-2018 for the work of “Excavation of Dugout Farm Pond No.1 near H. Muravani (v) Peddakadaburu (M), Kurnool (D)”, 3. 1450/2016-19 dated 05-09-2016 for the work of “Desilting and Jungle clearance of Feeder Channel of RowduruVankach 2500 mt near Roduru(\/), Kowthalam (m), Kurnool (D)”, 4. 1867/2018-19 dated 06-11-2018 for the work of “Desiltifig of DambariVoniVanka from Ch 0.0 km to 1.2 km in D.Belagallu (V), Kosigi (m), Kurnool (D)’’, 5. 1868/2018-19 dated 6-11-2018 for the work of “Desilting of GajjaloriVanka from Ch 0.0 km to 1.2 km in D.Belagallu (V), Kosigi (m). Kurnool (D)”, 6. 1760/2018-19 dated 29-10-2018 for the work of “Desilting of HanumappaVanka from Ch 3.6 km to 4.8 km in Sathanur (V), Kosigi (m). Kurnool (D)”, 7. 1560/2018-19, dated 5-10-2018 for the work of “Desilting of HanumappaVanka from Ch 2.40 km to 3.60 km in Sathanur (V), Kosigi (m), Kurnool (D)”, 8. 1563/2018-19 dated 5-10-2018 for the work of “Desilting of HanumappaVanka from Ch 0.00 km to 1.20 km in Sathanur (V), Kosigi (m), Kurnool (D)”, 9. 1564/2018-19 dated 5-10-2018 for the work of “Desilting of HanumappaVanka from Ch 1.2 km to 2.40 km in Sathanur (V), Kosigi (m), Kurnool (D)”, 10. 1185/2018-19 dated 28-07-2018 for the work of “Desilting of Feeder Channel of KumarriVagu from Ch 1.20 km to 2.20 km near Sajalaguda (V), Kosigi (m), Kurnool (D)”, 11. 1666/2018-19 dated 6-11- 2018 for the work of “Desilting of Rokali Banda Vanka from Ch 0.0 km to 1.2 km in D.Belagallu (V), Kosigi (m), Kurnool (D)”, 12. 1186/2018-19 dated 28- 07-2018 for the work of “Desilting of Feeder Channel of KumarriVagu from Ch 0.00 km to 1.11 km near Sajalaguda (V), Kosigi (m), Kurnool (Dy 306/2018-19 dated 16-05-2018 for the work of “Desilting of LothuVagu from from Ch 1.20 km to 2.20 km leading to Thungabhadra river near V. Thimmapuram (V), Mantralayam (m), Kurnool (D)”, 14. 2266/2018-19 dated 13. 25-01-2019 for the work of “Desilting of MangalavaniVanka from Ch 0.0 km to ..^^1.2 km in Sathanur (V), Kosigi (m), Kurnool (D)”, 15. .1869/2018-19 dated 6- 11-2018 for the work of “Desilting of Gorantia Vanka from Ch 2.4 km to 3.6 km in Kosigi (V), Kosigi (m), Kurnool (D)”, 16. 1561/2018-19 dated 5-10-2018 for the work of “Desilting of Gorantia Vanka from Ch 0.00 km to 1.2 km in Kosigi (V), Kosigi (m), Kurnool (D)”, 17. 1562/2018-19 dated 5-10-2018 for the work of “Desilting of Gorantia Vanka from Ch 1.20 km to 2.40 km in Kosigi (V), Kosigi (m), Kurnool (D)”, 18. 2096/2018-19 dated 24-12-2018 for the work of “Desilting of UdugulaVanka in Kowthalam (V), Kowthalam (m), Kurnool (D)”, 19. 2097/2018-19 dated 24-12-2018 for the work of “Desilting of KosigammaVanka in Bantakuntha (V), Kowthalam (m), Kurnool (D)”, all entered with the 3rd respondent, even after completion of defect liability period and in spite of repeated requests, as arbitrary, illegal, discriminatory, unjust enrichment, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Hon’ble Court issued from time to time, in view of the facts and circumstances set out hereunder and consequently direct the respondents to release/return the Withheld amounts @ 7.5% and Earnest Money deposit @ 2.5% for the works executed by the petitioner under the aforementioned agreements, along with interest accrued on the said amounts from the due date to till the date of payment and pass such other order or orders as this Hon’ble court deem fit and proper in the circumstances of the case and in the interest of justice. 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 respondents to release the Earnest Money Deposits @ 2.5% and withheld amounts @ 7.5% for the contractual works undertaken by the petitioner under Neeru Chettu Scheme in lieu of the Agreement No’s. 1. 568/2018-19 dated - ' 15-06-201 for the work of “Excavation of Dugout Farm Pond No.2 near H. Muravani (v) Peddakadaburu (M), Kurnool (D)”, 2. 567/2018-19 dated 15-06- 2018 for the work of “Excavation of Dugout Farm Pond No.1 near H. Muravani (V) Peddakadaburu (M), Kurnool (D)”, 3. 1450/2018-19 dated 05-09-2018 for the work of RowduruVankach 2500 mt near Roduru(V),Kowthalam (m), Kurnool (D)”, 4. 1867/2018-19 dated 06-11-2018 for the work of DambariVoniVanka from Ch 0.0 km to 1.2 km in D.Belagallu (V), Kosigifm), Kurnool (D)”, 5. 1868/2018-19 dated 6-11-2018 for the work of “Desilting ofGajjaloriVanka from Ch 0.0 km to 1.2 km in D.Belagallu (V), Kosigi (m), Kurnool (D)”, 6. 1760/2018-19 dated 29-10-2018 for the work of “Desilting of HanumappaVankafrom Ch 3.6 km to 4.8 km in Sathanur(V), Kosigi (m), Kurnool (D)”, 7. 1560/2018-19, dated 5-10-2018 for the work of “Desilting of HanumappaVankafrom Ch 2.40 km to 3.60 km in Sathanur(V), Kosigi (m), Kurnool (D)”, 8. 1563/2018-19 dated 5-10-2018 for the work of “Desilting of HanumappaVankafrom Ch 0.00 km to 1.20 km in Sathanur(V), Kosigi (m), Kurnool (D)”, 9. 1564/2018-19dated 5-10-2018 for the work of “Desilting of HanumappaVankafrom Ch 1.2 km to 2.40 km in Sathanur(V), Kosigi (m), Kurnool (D)”, 10. 1185/2018-19 dated 28-07-2018 for the work of “Desilting of Feeder Channel of KumarriVagufrom Ch 1.20 km to 2.20 km near Sajalaguda(V), Kosigi (m), Kurnool (D)”, 11. 1866/2018-19 dated 6-11-2018 for the work of “Desilting of Rokali Banda Vanka from Ch 0.0 km to 1.2 km in D.Belagallu (V), Kosigi(m), Kurnool (D)”, 12. 1186/2018-19 dated 28-07-2018 for the work of “Desilting of Feeder Channel of KumarriVagufrom Ch 0.00 km to 1.11 km near Sajalaguda(V), Kosigi (m), Kurnool (D)”, 13. 306/2018-19 dated 16-05-2018 for the work of “Desilting of LothuVagu from from Ch 1.20 2.20 km leading to Thungabhadra river near V. Thimmapuram Desilting and Jungle clearance of Feeder Channel of Desilting of km to (V),Mantralayam (m), Kurnool (D)”, 14. 2266/2018-19 dated 25-01-2019 for Desilting ofMangalavaniVankafrom Ch 0.0 km to 1.2 km in the work of Sathanur(V), Kosigi (m), Kurnool (D)”, 15. 1869/2018-19 dated 6-11-2018 for the work of “Desilting of Gorantia Vankafrom Ch 2.4 km to 3.6 km in Kosigi(V), Kosigi (m), Kurnool (D)”, 16. 1561/2018-19 dated 5-10-2018 for the work of “Desilting of Gorantla Vankafrom Ch 0.00 km to 1.2 km in Kosigi(V), Kosigi (m), Kurnool (D)", 17.1562/2018-19 dated 5-10-2018 for the work of "Desilting of Gorantla Vankafrom Ch 1.20 km to 2.40 km in Kosigi(V), Kosigi (m), Kurnool (D)”, 18. 2096/2018-19 dated 24-12-2018 for the work of “Desilting ofUdugulaVanka in Kowthalam(V), Kowthalam(m), Kurnool (D) 2097/2018-19 dated 24-12-2018 for the work of “Desilting ofKosigammaVanka in Bantakuntha(V), Kowthalam(m), Kurnool (D)”, all entered with the 3rd respondent, forthwith, pending disposal of the above Writ Petition and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case and in the interest of justice. 19. Counsel for the Petitioner: SRI V.NITESH Counsel for the Respondent Nos.1 to 3: GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010548382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29067/2024 [3459] 0? Between: D Adi Lakshmi ^...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VNITESH ...RESPONDENT(S) Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING This Court made the following: 2 JS,J W.P.No.29067of2024 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring action of the respondents in not releasing the Earnest, Money Deposits @ 2.5% and withheld amounts @ 75% totaling an amount of Rs. 15,74,192/- for the contractual works undertaken by the petitioner under Neeru Chettu Scheme in lieu of the Agreement No's. 1. 568/2018-19 dated 15-06- 2018 for the work of "Excavation of Dugout Farm Pond No.2 near H. Muravani (v) Peddakadaburu (M), Kurnool (D)", 2. 567/2018-19 dated 15-06-2018 for the work of "Excavation of Dugout Farm Pond No.1 near H. Muravani (v) Peddakadaburu (M), Kurnool (D)", 3. 1450/2018- 19 dated 05-09-2018 for the work of "Desilting and Jungle clearance of Feeder Channel of RowduruVankach 2500 mt near Roduru (V), Kowthalam (m), Kurnool (D)", 4. 1867/2018-19 dated 06-11-2018 for the work of "Desilting of DambariVoniVanka from Ch 0.0 km to 1.2 km in D.Belagallu (V), Kosigi(m), Kurnool (D)", 5. 1868/2018-19 dated 6-11-2018 for the work of "Desilting of GajjaloriVanka from Ch 0.0 km to 1.2 km in D.Belagallu (V), Kosigi (m), Kurnool (D)", 6. 1760/2018-19 dated 29-10-2018 for the work of "Desilting of FlanumappaVankafrom Ch 3.6 km to 4.8 km in Sathanur(V), Kosigi (m). Kurnool (D)”, 7. 1560/2018-19, dated 5-10-2018 for the work of "Desilting of HanumappaVankafrom Ch 2.40 km to 3.60 km in Sathanur(V), Kosigi (m), Kurnool (D)”, 8. 1563/2018-19 dated 5-10-2018 for the work of "Desilting of FlanumappaVanka from Ch 0.00 km to 1.20 km in Sathanur(V), Kosigi (m), Kurnool (D)”, 9. 1564/2018-19 dated 5-10- 2018 for the work of "Desilting of FlanumappaVanka from Ch 1.2 km to 2.40 km in Sathanur(V), Kosigi (m), Kurnool (D)”, 10. 1185/2018-19 dated 28-07-2018 for the work of "Desilting of Feeder Channel of KumarriVagu from Ch 1.20 km to 2.20 km near Sajalaguda(V), Kosigi (m), Kurnool (D)”, 11. 1866/2018-19 dated 6-11-2018 for the work of "Desilting of Rokali Banda Vanka from Ch 0.0 km to 1.2 km in D.Belagallu (V), Kosigi(m), Kurnool (D)”, 12. 1186/2018-19 dated 28-07-2018 for the work of "Desilting of Feeder Channel of KumarriVagu from Ch 0.00 km to 1.11 km near Sajalaguda (V), Kosigi (m). Kurnool (D)”, 13. 306/2018-19 dated 16-05-2018 for the work of "Desilting of LothuVagu from Ch 1.20 km to 2.20 km leading to Thungabhadra river near V. Thimmapuram (V), Mantralayam (m). 3 0 JS,J W.P.No.29067 of2024 “of MangaSvUa Ch^oflm'T 0.00 km to 1.2 km in Kosiairv^ 1562/2018-19 dated ^-in qo-iq^/^ ’ (^)' Kurnool (D)", 17. Vanka from Ch 1.20 km to 2 40 km KoslaYvi'^K^'*^'^^ Gorantla (D)". 18. 2096/2018-19 dated 2l^2 2018 W1 l'^' Udugula Vanka in Kowthalam rvi K^^l^hiT "^esilting of 2097/2018-19 dated 24-12-2018’ W th ''9- KosigammaVanka in Bantakuntha /vl L fn entered with the responden/^evin ’afterT^ period and in spite of repeated rl^ defect liability discriminatory, unjust enrichment vIolativ^oMhe^F arbitrary, illegal, guaranteed under Articles 14 19 and 2ro? r apart from being contrary to ’the ordlr^ f from time to time in view nf the f Hon'ble Court issued hereunder and consequently direct thf refnn set out the Withheld amounts ® 7 5% and F=rn '^®fP°"‘^®'’*s to release/return orders or 2. It is the contention of respondents admitted that the the petitioner that even though the petitioner is entitled to the aforesaid such non-payment of money is requiring the interference of this amount, no payment is made, and that clearly arbitrary and high-handed Court. 3. On the other hand, learned Government while admitting about the claim of the Pleader for Irrigation, petitioner, on oral instructions. 4 JS,J rM W.P.No.29067 of 2024 ■% submitted that the bills are pending for fund clearance, and prayed to pass appropriate orders. 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. 15,74,192/- (Rupees fifteen lakh seventy four one hundred ninety two only) (WHA & EMD) 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. 4. As a sequel, miscellaneous petitions pending, if any, shall stand Sd/- N1 SR'N'VAS assistant registrar SECTION OFFICEf* closed. //TRUE COPY// To, 1. The Principal Secretary, Water Resources Department (Irrigation & CAD), State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Superintending Engineer, Irrigation Circle, Kurnool, Kurnool District A.P. 3. The Executive Engineer, M.l. Works Division, Kurnool Kurnool District. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 5. One CC to Sri V.Nitesh, Advocate [OPUC] 6. Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. AJ gi HIGH COURT DATED:07/04/2025 ORDER WP.No.29067 of 2024 18 JUN ?m a: 9. Current SecilOu ,A DISPOSING OF THE WRIT PETITION WITHOUT COSTS