APHC010439062022 IN THE HIGH COURT OF ANDHRA PRAD AT AMARAVATI j (Special Original Jurisdiction) O nife MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 27535 OF 2022 Between: P. Srinivasa Raju, S/o Venkata Satyanarayana Raju, aged about 49 years, Occ: Contractor, Class-1, R/o. Dharmavarapupeta, Koyyalagudem, West Godavari District. ...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, Tadepalligudem/Jangareddygudam 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 tree part of the respondents herein, not releasing and pay the bill amounts worth of Rs. 1, 32, 92, 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 direct the respondents to release and pay the bill worth of Rs. 1, 32, 92, 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 writ petition, the High Court may be pleased be pleased to direct the respondents to release and pay the bill worth of Rs. 1, 32, 92, 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 Nos.1 to 6 : GP FOR IRRIGATION COMMAND AREA DEVELOPMENT 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: ORDER APHC010439062022 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.27535 OF 2022 Between: P. Srinivasa Raju, S/o. Venkata Satyanarayana Raju, Aged about 49 Years, Contractor, Class-l, R/o.Dharmavarapupeta, Koyyalagudem, West Godavari District. 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 Counsel for the petitioner Counsel for the respondents Sri Bokka Satyanarayana G.P for Irrigation & CAD G.P for Finance and Planning & G.P. for General Administration 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: ft-' 2 JS,J WP No.27535/2022 “ 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. 1,32,92,000/- 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. 1,32,92,000/- 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 important 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 works of (i) providing sand bags at the rate of Km. 108.100 on PIPRMC Package No.V at Jamnampeta (V) of Pedavegi (M) West Godavari District, (ii) providing sand bags at the rate of Km. 110.470 on PIPRMC Package No.V at Koppaka (V) of Pedavegi (M) West Godavari District, (iii) Providing sand bags at the rate of Km. 110.260 on PIPRMC Package No.V at Koppaka (V) of Pedavegi (M) West Godavari District, 3 JS,J WP No.27535/2022 (iv) formation of granular sub-base and over pipe culvert SLRB at Km. 112.200 crossing the PIPRMC Package No.V, (v) formation of granular sub-base and wet mix macadam over pipe culvert SLRB at the rate of Km. 114.790 crossing the PIPRMC Package No.V, (vi) formation of granular sub-base and wet mix macadam over pipe culvert SLRB at the rate of Km. 118.320 crossing the PIPRMC Package No.V, (vii) supply and laying of sand bags for Ramileru BTUT at the rate of Km. 122.100 package V of PIPRMC, (viii) dismantling of temporary inlet at the rate of Km. 111.580 crossing the Polavaram Irrigation Project Right Main Canal package No.V and (ix) dismantling of temporary inlet at the rate of Km. 112.565 crossing the Polavaram Irrigation Project Right Main Canal Package No.V in his favour on nomination basis and completed the works in the year 2017 itself. near 3. Respondent No.5 has filed counter-affidavit stating that the petitioner has not produced any agreements and M-Books to establish the works done by the petitioner and for claiming the bills or works amount. 4. Refuting the contentions of the 5*" respondent, the petitioner has filed his reply affidavit. 5. Heard Sri Bokka Satyanarayana, learned counsel for the petitioner, and learned Assistant Government Pleader for Irrigation and CAD, 4 JS,J WP No.27535/2022 appearing on behalf of the respondents, and perused the material available on record. 6. 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. 7. The respondents are not disputing the works entrusted to the petitioner. The objection raised by the respondents in their counter 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 entrusted to the willing agencies on nominal basis. It is evident that through Lr.No.ENC/PIP/DCE/OT1/AEE,RE/RMC, dated 14.02.2019, of the Engineer-in-Chief, Polavaram Irrigation Project, Dowlaiswaram 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 5 JS,J WP No.27535/2022 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 8. with the following directions: i) The respondents are directed to clear the bills submitted by the petitioner and release the payment of Rs. 1,32,92,000/- 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 petitioner till the date of payment. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand Sd(- K. TATA otO deputy REGio I closed. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, (Projects) Water Resources Department, Government of Andhra Pradesh, 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. p '* 6. The Executive Engineer, PIPRNC Division-Ill, Tadepalligudem/Jangareddygudam West Godavari District. 7. The Principal Secretary, Finance and Planning Department, Government of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 8. The Chief Secretary, General Administration Department, Government of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District 9. One CC to Sri Bokka Satyanarayana, Advocate [OPUC] 10. Two CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh at Amaravati [OUT] 11 .Two CCs to GP for General Administration, High Court of Andhra Pradesh at Amaravati [OUT] 12.Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh at Amaravati [OUT] 13. Three CD Copies Cnr i HIGH COURT DATED:07/04/2025 ORDER WP 27535/2022 DISPOSING OF THE W.P. WITHOUT COSTS