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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No: 28572 OF 2024 Between: A Venkata Ramana Reddy. S/o. A. Srinivasa Reddy, Aged about 53 years Occ; Civil Contractor, R/o.H.No.3-45, Gadigarevula P.O., Gadivemula Mandal Kurnool District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department (Irrigation & CAD), Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Superintending Engineer, Irrigation Circle, Kurnool, Kurnool District, A.P. The Executive Engineer, K.C. Canal Division, Nandyal, Nandyal District (erstwhile Kurnool District) The Principal Finance 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 be pleased to issue an appropriate Writ,
Order or Direction particularly one in the nature of WRIT OF MANDAMUS,
1. 2. 3. 4. may more
u - % V:Vdeclaring action of the respondents in not releasing the withheld amounts @ 7.5%^for the contractual works undertaken by the petitioner under Neeru Chettu Scheme in lieu of the Agreement No’s.
1. 695/2017-18 dated 12-01- 201'8 for the work of “Repairs and strengthening of Ayacut road from Tirupadu Village to Karimaddela village from km 0.000 to km 3.000 near Tirupadu Village, Gadivemula (M), Kurnool (D)”, 2. 692/2017-18 dated 12-01-2018 for the work of “Repairs and strengthening of Ayacut road from Gadigarevula Village to Adda rasta from km 0.000 to km 3.000 near Gadigarevula Village, Gadivemula (M), Kurnool (D)”, 3. 685/2017-18 dated 12-01-2018 for the work of “Repairs and strengthening of Ayacut road from Bujanur Village to Karimaddela village from km 0.000 to km 3.000 near Bujanur Village, Gadivemula (m), Kurnool (D)”, 4. 667/2017-18 dated 12-01-2018 for the work of “Jungle clearance & de-silting of Chindukuiru supply channel from km 9.000 km to km 12.500 near Gadigarevula (v) Gadivemula(m), Kurnool (D)”,
5. 712/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Gadigarevula Village to Barakala rasta from km 0.000 to km 3.000 near Gadigarevula Village, Gadivemula(m), Kurnool (D)”, 6. 721/2018- 19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Grandivemula to Chindukururastha from km 0.000 to km 3.000 near Grandivemula Village, Gadivemula (m), Kurnool (D)”, 7. 722/2018-19, dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Grandivemula to Maddileruvagurastha from km 0.000 to km 3.000 near Grandivemula Village, Gadivemula (m), Kurnool (D)”,
8. 629/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Naidu pollamrastha to Pinjarollapolamrastha from km 0.000 to km 3.000 near Koratamaddi Village, Gadivemula(m), Kurnool (D)”, 9. 601/2018-19dated 19- 04-2018 for the work of “Repairs and strengthening of Ayacut road from Bilakalgudur village to Korrapolourrastha from km 0.000 to km 3.000 near Bilakalgudur Village, Gadivemula (m), Kurnool (D)”,
10. 600/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Bilakalgudur village to Sarba Reddy polamrastha from km 0.000 to km 2.800 f'.
c near Bilakalgudur Village, Gadivemuia (m), Kurnool (D) dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Chindukuru to pipula bridge rastha from km 0.000 to km 3.000 near Chindukuru Village, Gadivemuia (m), Kurnool (D)", 12. 783/2018-19 dated 18- 04-2018 for the work of “Repairs and strengthening of Ayacut road from Grandivemula to Pesaravairastha from km 0.000 to km 3.000 near Grandivemula Village, Gadivemula(m), Kurnool (D)”,
13. 724/2018-19 dated 18-04-2018 for the work of “Repairs and strengthening of Ayacut road from Bujanuru to Grandivemula, Nandyalrastha from km 0.000 to km 3.000 near Bujanuru Village, Gadivemuia (m), Kurnool (D)”,
14. 725/2018-19 dated 19- 04-2018 for the work of “Repairs and strengthening of Ayacut road from Bujanuru to Yerrapolamrastha from km 0.000 to km 3.000 near Bujanuru Village, Gadivemuia (m), Kurnool (D)”, 15. 628/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Karnalarastha to Nayudupolamrastha from km 0.000 to km 3.000 near Koratamaddi Village, Gadivemuia (m), Kurnool (D)”, 16. 624/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Patha Yerraguntlarasthato Bandrampolamrastha from km 0.000 to km 3.000 near Koratamaddi Village, Gadivemuia (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 timeand consequently direct the respondents to release/return the Withheld amounts @ 7.5% 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. 11.
11. 720/2018-19
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 withheld amounts @ 7.5% for the contractual works undertaken by the petitioner under Neeru Chettu Scheme in lieu of the Agreement No’s.
1. 695/2017-18 dated 12-01-2018 for the work of “Repairs. and strengthening of Ayacut road from Tirupadu Village to Karimaddela village from km 0.000 to km 3.000 near Tirupadu Village, Gadivemula (M), Kurnool (D)”,
2. 692/2017-18 dated 12-01-2018 for the work of
“Repairs and strengthening of Ayacut road from Gadigarevula Village to Adda rasta from km 0.000 to km 3.000 near Gadigarevula Village, Gadivemula (M), Kurnool (D)”,
3. 685/2017-18 dated 12-01-2018 for the work of “Repairs and strengthening of Ayacut road from Bujanur Village to Karimaddela village from km 0.000 to km 3.000 near Bujanur Village, Gadivemula (m), Kurnool (D)”, 4. 667/2017-18 dated 12-01-2018 for the work of “Jungle clearance & de-silting of Chindukuiru supply channel from km 9.000 km to km 12.500 near Gadigarevula (v) Gadivemula(m), Kurnool (D)’’, 5. 712/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Gadigarevula Village to Barakala rasta from km 0.000 to km 3.000 near Gadigarevula Village, Gadivemula(m), Kurnool (D)’’, 6. 721/2018-19 dated 19-04-2018 for the work of
“Repairs and strengthening of Ayacut road from Grandivemula to Chindukururastha from km 0.000 to km 3.000 near Grandivemula Village, Gadivemula (m), Kurnool (D)”, 7, 722/2018-19, dated 19-04-2018 for the work Repairs and strengthening of Ayacut road from Grandivemula to Maddileruvagurastha from km 0.000 to km 3.000 near Grandivemula Village, Gadivemula (m), Kurnool (D)”, 8. 629/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Naidu pollamrastha to Pinjarollapolamrastha from km 0.000 to km 3.O0O near Koratamaddi Village, of Gadivemula(m), Kurnool (D)”, 9. 601/2018-19dated 19-04-2018 for the work of
“Repairs and strengthening of Ayacut road from Bilakalgudur village to Korrapolourrastha from km 0.000 to km 3.000 near Bilakalgudur Village, Gadivemula (m), Kurnool (D)”, 10. 600/2018-19 dated 19-04-2018 for the work Repairs and strengthening of Ayacut road from Bilakalgudur village to Sarba Reddy polamrastha from km 0.000 to km 2.800 near Bilakalgudur Village, Gadivemula (m),'Kurnool (D)“,
11.
720/2018-19 dated 19-04-2018 for Repairs and strengthening of Ayacut road from Chindukuru to rastha from km 0.000 to km 3.000 near Chindukuru Village, of the work of
“ pipula bridge
f
12. 783/2018-19 dated 18-04-2018 for the work Gadivemula (m), Kurnool (D) strengthening of Ayacut road from Grandivemula to Grandivemula Village, of
“Repairs and Pesaravairastha from km 0.000 to km 3.000 near Gadivemula(m), Kurnool (D)", 13. 724/2018-19 dated 18-04-2018 for the work of “Repairs and strengthening of Ayacut road from Bujanuru to Grandivemula, Nandyalrastha from km 0.000 to km 3.000 near Bujanuru Village, Gadivemula (m), Kurnool (D)”, 14 725/2018-19 dated 19-04-2018 for the work of Repairs and strengthening of Ayacut road from Bujanuru to Yerrapolamrast ha from km Gadivemula (m), Kurnool (D)”, 15. 0.000 to km 3.000 near Bujanuru Village 628/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of - I Karnalarastha to Nayudupolamrastha from km 0.000 to km Koratamaddi Village, Gadivemula (m), Kurnool (D)”, 16. 624/2018- Ayacut road from 3.000 near 19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut Yerraguntlarastha to Bandrampolamrastha from km 0.000 to Gadivemula (m), Kurnool (D)” all entered road from Patha km 3.000 near Koratamaddi Village respondent, forthwith, pending disposal of the above Writ Petition this Hon’ble court may deem fit and with the 3rd and pass such other order or orders as proper in the circumstances of the case and in the interest of justice.
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
APHC010542702024 IN THE HIGH COURT OF ANDHRA PRADESH AT AjVIARAVATI (Special Original Jurisdiction) [3459] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO; 28572/2024 Between: ...PETITIONER ' A Venkata Ramana Reddy AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.VNITESH Counsel for the Respondent(S):
1.GP FOR IRRI AND CAD This Court made the following:
2 JS,J W.P.No.28572 of 2024
ORDER: It 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 withheld amounts @ 7.5% totaling to an amount of Rs.11,33,734/- for the contractual works undertaken by the petitioner under Neeru Chettu Scheme in lieu of the Agreement Nos. 1. 695/2017-18 dated 12-01-2018 for the work of "Repairs and strengthening of Ayacut road from Tirupadu Village to Karimaddela village from km 0.000 to km 3.000 near Tirupadu Village, Gadivemula (M), Kurnool (D)",
2. 692/2017-18 dated 12-01-2018 for the work of
"Repairs and strengthening of Ayacut road from Gadigarevula Village to Adda rasta from km 0.000 to km 3.000 near Gadigarevula Village, Gadivemula (M), Kurnool (D)", 3. 685/2017-18 dated 12-01-2018 for the work of "Repairs and strengthening of Ayacut road from Bujanur Village to Karimaddela village from km 0.000 to km 3.000 near Bujanur Village, Gadivemula (m), Kurnool (D)",
4. 667/2017-18 dated 12-01-2018 for the work of
"Jungle clearance & de-silting of Chindukuiru supply channel from km 9.000 km to km 12.500 near Gadigarevula (v) Gadivemula(m), Kurnool (D)", 5. 712/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Gadigarevula Village to Barakala rasta from km 0.000 to km 3.000 near Gadigarevula Village, Gadivemula(m), Kurnool (D)",
6. 721/2018-19 dated 19-04-2018 for the work of
"Repairs and strengthening of Ayacut road from Grandivemula to Chindukururastha from km 0.000 to km 3.000 near Grandivemula Village, Gadivemula (m), Kurnool (D)", 7. 722/2018-19, dated 19-04-2018 for the work of
"Repairs and strengthening of Ayacut road from Grandivemula to Maddileruvagurastha from km 0.000 to km 3.000 near Grandivemula Village, Gadivemula (m), Kurnool (D)' 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Naidu pollamrastha to Pinjarollapolamrastha from km 0.000 to km 3.000 near Koratamaddi Village, Gadivemula(m), Kurnool (D)",
9. 601/2018-19 dated 19-04-2018 for the work of
"Repairs and strengthening of Ayacut road from Bilakalgudur village to Korrapolourrastha from km 0.000 to km 3.000 near Bilakalgudur Village, Gadivemula (m), Kurnool (D)",
10. 600/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road
8. 629/2018-19 dated
3 JS,J W.P.No.28572 of2024 from Biiakalgudur village to Sarba Reddy polamrastha from km 0.000 to km 2.800 near Biiakalgudur Village, Gadivemula (m), Kurnool (D)",
11.
720/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Chindukuru to pipula bridge rastha from km 0.000 to km 3.000 near Chindukuru Village, Gadivemula (m), Kurnool (D)",
12. 783/2018-19 dated 18-04-2018 for the work of
"Repairs and strengthening of Ayacut road from Grandivemula to Pesaravairastha from km 0.000 to km 3.000 near Grandivemula Village, Gadivemula(m), Kurnool (D)",
13. 724/2018-19 dated 18-04-2018 for the work of "Repairs and strengthening of Ayacut road from Bujanuru to Grandivemula, Nandyalrastha from km 0.000 to km 3.000 near Bujanuru Village, Gadivemula (m), Kurnool (D)",
14. 725/2018-19 dated 19-04-2018 for the work of
"Repairs and strengthening of Ayacut road from Bujanuru to Yerrapolamrastha from km 0.000 to km 3.000 near Bujanuru Village, Gadivemula (m), Kurnool (D)", 15. 628/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Karnalarastha to Nayudupolamrastha from km 0.000 to km 3.000 near Koratamaddi Village, Gadivemula (m), Kurnool (D)",
16. 624/2018.
19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Patha Yerraguntiarastha to Bandrampolamrastha from km 0.000 to km 3.000 near Koratamaddi Village, Gadivemula (m), Kurnool (D)", all entered with the 3^^^ 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% 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 (in verbatim) 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 that such non-payment of money is
2. \
4 JS,J W.P.No.28572 of2024 Clearly arbitrary and high-handed Court. requiring the interference of this
3. On the other hand, learned Government Pleader while admitting about the claim of the submitted that the bills pass appropriate orders. for Irrigation, petitioner, on oral instructions, are pending for fund clearance, and prayed to
4. In view of the submissions of learned counsel for the petitioner and learned Government Pleader for Irrigation, this Writ Petition iIS.
disposed of, with a direction to the respondents to release the withheld amount of Rs.11,33,734/- (Rupees eleven total lakh thirty three thousand seven hundred thirty four only) to the petitioner along with interest on the said amount 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 as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- M SRINiVAS ASSISTANT REGISTRAR //TRUE COPY// >4^ SECTION OFFICER 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 A.P.
3. The Executive Engineer, M.l. Works Division Kurnool District, Kurnool Kurnool District.
4. The Principal Secretary, Finance Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
5. OneCCto 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 . . -v • DATED:07/04/2025
ORDER WP.No.28572 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS