[ 3459] IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT the honourable smt justice SUMATHI WRIT PETITION NO: 2R4 r>F :: AMARAVATI JAGADAM Z z Between: 1. M/s. Sri Sri Vigneswara Constructions, D.No.25/27, Sanjeeva Nagar, Nandyal, Kurnool District. Rep. by its Managing Partner Vennapusa Suresh Reddy. 2. Vennapusa Suresh Reddy, S/o V Ramanjaneya Reddy, Aged about 38 Business, M/s. D.No.25/27, Sanjeeva Nagar, Nandyal, Kurnool years, Sri Sri Vigneswara Constructions I District. ...Petitioners 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and Water Resources Department Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Finance Department, Secretariat Velagapudi, Guntur District. 3. The Chief Engineer, Minor Irrigation and Water Resources Department Vijayawada, NTR District Erstwhile 4. The Superintending Engineer, SKD GNSS Kadapa District. 5. The Executive Engineer, PBC Division District. z" AND Krishna District. Project Circle, Kadapa, YSR Pulivendula, YSR Kadapa ...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 appropriate writ, direction, order or orders, more parbcularly one in the nature of Writ of Mandamus in questioning the action of the -respondents in not releasing bill payment for the Investigation, Design and construction of Lift Irrigation Scheme Mcft of water from PBC Main Canal @ Km 29.655 -•y work i.e.. to Lift 10 to fill Dondlavagu Tank in Lingala Mandal and to stabilize 500 Acres under Dondlavagu Construction of Off-take Sluice @ Km 25.905 and laying 1.20 Mts. Dia BWSC Pipeline for 40 Cusecs of water from Pulivendula on Pulivendula Branch Canal a length of 250 Mts. To feed @ Branch Canal to fill Nakkalapalli Summer Storage Tank to provide drinking water to Pulivendula Municipality in YSR District for the estimated contract value of work of Rs. 1,26,94,614/- the work executed by payment of bill amount is raised in respect of the bill amount of Rs.1,04,02,396/-for the petitioner firm despite the claim for the (Token No.2024-170915) as illegal, arbitrary and violative of Articie 14 and 21 of the Constitution of India and release an amount of Rs.1,04,02,396/- towards the bill amount for the works executed by the petitioner firm. consequently direct the respondents to lA NO: 1 OF 202«i Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be an amount of Rs.1,04,02,396/- pleased to direct the respondents to release towards bill amount for the works executed by the petitioner i Investigation, Design and construction of Lift Irrigation Scheme Mcft of water from PBC Main Canal @ Km 29.655 I.e., to Lift 10 to fill Dondlavagu Tank in Lingala Mandal and to stabilize 500 Acres under Dondlavag Construction of Off take Sluice @ Km 25.905 and laying 1.20 Mts. DIa BWSC Pipeline for a length of 250 Mts. To feed @ 40 Cusecs of water from Pulivendula Branch Canal to fill Nakkalapalli Summer Storage Tank to provide drinking water to Pulivendula Municipality in YSR District, x u on Pulivendula Branch Canal Counsel for the Petitioners:SRI. K NAVEEN KUMAR Counsel for the Respondents: GP FOR IRRIGATION AND CAD : GP FOR FINANCE / The Court made the following: APHC010002422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 264/2025 Between: Sri Sri Vigneswara Constructions and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner(S); 1.KNAVEEN KUMAR Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: ...RESPONDENT(S) ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue appropriate writ, direction, order or orders, more particularly one in the nature of Writ of Mandamus in questioning the action of the respondents in not releasing bill payment for the work I.e.. Investigation, Design and construction of Lift Irrigation Scheme to Lift 10 Mcft of water from PBC Main Canal @ Km 29.655 to fill Dondiavagu Tank to stabilize 500 Acres under Dondlavagu in LIngala Mandal and Construction of Off-take Sluice @ Km 25.905 on Pulivendula Branch Canal and laying 1.20 Mts. Dia BWSC Pipeline for a length of 250 Mts. To feed @ 40 Cusecs of water from Pulivendula Branch Canal to fill Nakkalapalli Summer Storage Tank to provide drinking water to Pulivendula Municipality In YSR District for the estimated contract work of Rs.1,26,94,614/- in respect of the bill amount of Rs. 1,04,02,396/-for the work executed by the petitioner firm despite the claim for the payment of bill amount is raised (Token No.2024-170915) as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs. 1,04,02,3967- towards the bill amount for the works executed by the petitioner firm and to pass such other order or orders may deem fit and proper in the circumstances of the case. ” \ value of 2. In spite of adjourning the matter, the respondents have not filed their counter affidavit. 3. The case of the petitioner is that the petitioner has participated in the bids under E-procurement platform. The 4*^ respondent has entered into an agreement with the petitioner vide agreement No.01SE/2020-2021, dated 27.04.2020, for execution of works relating to Pulivendula Branch Canal of YSR District. The petitioner has completed the work and the 5*'^ respondent has issued quality control certificate. On 24.01.2024, the 5*^ respondent has passed bill for an amount of Rs.1,04,02,396/- subject to recovery of Rs.8,71,022/-. Therefore, the petitioner is entitled for net payment of Rs.95,31,374/-. Learned counsel for the petitioner submits that the payment of bill amount is raised vide Token No.2024-170915 and the same was uploaded in CFMS portal. He also submits that in identical circumstances, the respondents 4. have cleared the bills but in the instant case, the petitioner was not paid the amount. 5. In view of the above, the Writ Petition is disposed of by directing the respondents to release an amount of Rs.95,31,374/- to the petitioner within four (4) months from the date of receipt of a copy of this order, with interest at 12% p.a. The interest shall be computed from the date of expiry of one month from the date of submission of the bills by the petitioners till the date of payment. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ^ Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// /k SECTION OFFICER To, 1 The Principal Secretary, Irrigation and Water Resources Departmen Secretariat. Velagapudi, Guntur District, State of Andhra Pradesh. 2. The Principal Secretary Finance Department, Secretariat Velagapudi, Guntur District, State of Andhra Pradesh (1&2 BY SPECIALMESSENGER) 3. The Chief Engineer, Minor Irrigation and Water Resources Department. Vijayawada, NTR District Erstwhile Krishna District. 4. The Superintending Engineer, SKD GNSS Project Circle, Kadapa. YSR Kadapa District. 5. The Executive Engineer. PBC Division. Puliven^a, YSR Kadapa District. (Addressee Nos.2 to 5 BY RPAD) SRI. K NAVEEN KUMAR Advocate [OPUC] FOR IRRl AND CAD, High Court of Andhra Pradesh. FOR FINANCE, High Court Of Andhra Pradesh. [OUT] 6. OneCCto 7. TwoCCsto GP [OUT] 8. Two CCs to GP 9. Three CD Copies .T- HIGH COURT DATED:22/04/2025 ORDER WP.No.264 of 2025 DISPOSSING THE WRIT PETITIION WITHOUT COSTS