IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MAR TWO THOUSANDAND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 459 OF 2025 Between: Kamatham Lakshmi Reddy, Janmabhoomi Mavoori Committee, S/o. K. Chinna Nagi Reddy, aged about Years R/o. YerraguntlaVillage, Sirivella Mandal, Kurnool District. ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Irrigation Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 3. The District Collector, Nandyal. Nandyal District. 4. The Chief Engineer, Minor Irrigation Department, Vijayawada, Krishna District. 5. The Superintending Engineer (Irrigation Circle), Irrigation Circle, Kurnool, Kurnool District. 6. The Executive Engineer (W.R. Dept), KC Canal Division, Nandyal, Nandyal, 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 be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the may one respondents in not releasing Withheld amount for the works executed the petitioner under the scheme Neeru -Chettu Providing Execution Works i) .Repairs to Ayacut road from Yerraguntia village to Machupalli Village of K C Main Canal through the Agreement No. 389/2018-19 dt. by of 1&-04-2018 fgr an amount Rs.71,495/-, ii) Repairs to Ayacut road from Yerraguntia village to Yerragududinne Village of K C Main Canal through the Agreement No.388/2018-19 Dt. 18-04-2018 for an amount Rs.70,912/-, iii) Repairs to Ayacut road from Yerraguntia village to Venkateswarapura Village of K C Main Canal through the Agreement No. 391/2018-19 Dt. 8- 04- for an amount Rs.74,922/-, a total WHA amount of Rs.2,17.329/- with 18 percent interest m is illegal arbitrary and contrary to law and unconstitutional and violation of Article 14 of Constitution of India and consequently direct the respondents to release the Withheld amount of Rs.2,17,329/- with 18% per annum to the petitioner in respect of the execution of aforementioned work forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 amount of Rs.2,17,329/- with interest at 18% for the executed by the petitioner under the scheme Neeru - Chettu for executing the Works i) Repairs to Ayacut road from Yerraguntia village to Machupalli Village of K C Main Canal through the Agreement No. 389/2018-19 18-04-2018 for an amount Rs.71,495/-, ii) Repairs to Ayacut Yerraguntia village to Yerragududinne Village of K C Main Canal through the Agreement No.388/2018-19 Dt; 18-04-2018 for an amount Rs.70,912/-, iii) Repairs to Ayacut road from Yerraguntia village to Venkateswarapuram Village of K C Main Canal through the Agreement No. 391/2018-19 18-04- for an amount Rs.74,922/- to the petitioner. works Dt: road from Dt: 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 APHC010008542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 459/2025 Between; Kamatham Lakshmi Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MARELLA RADHA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following 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 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 Works i) Repairs to Ayacut road from Yerraguntia village to Machupalli Village of K C Main Canal through the Agreement No. 389/2018-19 dt. 18-04-2018 for an amount Rs.71,495/-, ii) Repairs to Ayacut road from Yerragududinne Village of K C Main Canal through the Agreement No.388/2018-19 Dt. 18-04-2018 for an amount Rs.70,912/-, iii) Repairs to Ayacut road from Yerraguntia village to Venkateswarapuram Village of K C Main Canal through the Agreement No. 391/2018-19 Dt. 8-04- for an amount Yerraguntia village to * of rq 9 17 329/- with 18 percent interest is Rs 74,922;-, a total WHA amount 0 violation of Article illegal arbitrary and contrary to erspondents to release 14 of constitution of India and CO q the '"'‘TnlespTorof the execution of aforementioned work forthwith and to the petitioner in such other order or orders- pass i Committee and was of Neeru Chettu. The have released the works of Repairs to Ayacut The petitioner is a part of Janmabhoomi Mavoon works under the scheme 2. entrusted with contract works and the respondents has completed the withholding the amounts for the petitioner work amounts by respondents have entered release the withheld of K C Main Canal. The measurement books but failed to road of different extents bills amounts in the amount. submits that though the works are released the withheld invested money for the not released in time, and requested 3. Learned counsel for the petitioner completed five years back the respondents have not its that the petitioner has works. Since the amounts are amounts. He further submits of executing the purpose the petitioner is paying huge this Court to release interest and facing mental agony of Rs.2,17,329/- with interest @ the withheld amount 18% per annum. On the other hand, learned Government about the claim of the petitioner pending for fund clearance Pleader for Irrigation, while oral instructions, submitted that prayed to pass appropriate 4. , on admitting and the bills are orders. counsel for the petitioner and this Writ Petition is disposed of, of learned In view of the submissions Government Pleader for Irrigation 5- learned with a direction to the respondents to release the total amount of Rs.2,17,329/- (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, if any, pending shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECtTON OFFICER To 1. The Principal Secretary, Irrigation Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 2. The Principal Secretary, Finance Department, A.P. Secretariat Building Velagapudi, Amaravathi. 3. The District Collector, Nandyal. Nandyal District. 4. The Chief Engineer, Minor Irrigation Department, Vijayawada Krishna District. 5. The Superintending Engineer (Irrigation Circle), x Irrigation Circle Kurnool, Kurnool District. 6. The Executive Engineer (W.R. Dept), KC Canal Division Nandyal, District. 7. One CC to Smt. Marella Radha Advocate [OPUC] 8. Two CCS to GP for Irri and CAD, High Court of Andhra Pradesh. [OUT] ^ [OIJT^^^ Finance & Planning, High Court of Andhra Pradesh. 10. Three CD Copies Nandyal, TF 1 HIGH COURT DATED:21/03/2025 ORDER WP.No.459 of 2025 andh^ 0" ? 09 MAY 2025 CO, ^^Currenltiecuon ^ Si^eSPATCV^^ a DISPOSING OF THE W.P., WITHOUT COSTS