IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28505 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 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department (Irrigation and CAD) Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Superintending Engineer, Irrigation Circle, Kurnool, Kurnool District, A.P. 3. The Executive Engineer, K.C. Canal Division, Nandyal, Nandyal District (erstwhile Kurnool District) 4. 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 may be pleased to issue an appropriate Writ, Order or Direction particularly one in the nature of Writ of Mandamus, declaring action of the respondents in not releasing the withheld amounts @ 7.5percent for the more contractual works undertaken by the petitioner under Neeru Chettu Scheme in lieu of the Agreement No's. 1. 619/2018-19 dated 19-04- 2018 for the work of 'Repairs and strengthening of Ayacut road from Karimaddelarastha to Kalikammapolamrastha from km 0.000 to km 2.800 near Koratamaddi (V), Gadivemula (M), Kurnool (D)', 2. 620/2018-19 dated 19-04- 2018 for the work of 'Repairs and strengthening of Ayacut road from Bavirastha to Bandiatmakurrastha from km 0.000 to km 3.000 near Koratamaddi (V), Gadivemula (M), Kurnool (D), 3. 621/2018-19 dated 19-04- 2018 for the work of 'Repairs and strengthening of Ayacut road from Bandiatmakurrastha to Gurrammapolam from km 0.000 to km 3.000 near Koratamaddi (V), Gadivemula (m), Kurnool (D)', 4. 785/2018-19 dated 19- 04- 2018 for the work of 'Repairs and strengthening of Ayacut road from kantonipolamrastha to Moolaseenurastha from km 0.000 to km 3.000 near Koratamaddi (V), Gadivemula (m), Kurnool (D)', 5. 711/2018-19 dated 19- 04- 2018 for the work of 'Repairs and strengthening of Ayacut road from Berrappa fields to Anyam Rama Krishna reddy fields from km 0.000 to km 3.000 near Karimaddela (V), Gadivemula(m), Kurnool (D)', 6. 715/2018-19 dated 19-04- 2018 for the work of 'Repairs and strengthening of Ayacut road from Gadigarevula to vajjelavagurastha from km 0.000 to km 3.000 near Gadigarevula Village, Gadivemula(m), Kurnool (D)', 7. 717/2018-19, dated 19- 04-2018 for the work of 'Repairs and strengthening of Ayacut road from Chindukuru to Gadigarevularastha from km 0.000 to km 3.000 near Chindukuru Village, Gadivemula (m), Kurnool (D), 8. 617/2018-19 dated 19- 04-2018 for the work of 'Repairs and strengthening of Ayacut road from Tirupadu Village to muthamand Veerabadra Manayam Karmaddelapolamrastha from km 0.000 to km 3.000 near Tirupadu (V), Gadivemula(m), Kurnool (D)' 9. 618/2018-19dated 19-04-2018 for the work of 'Repairs and strengthening of Ayacut road from KC canal to Bayamakula Chinthamanurastha from km 0.000 to km 3.000 near Tirupadu (V), Gadivemula(m), Kurnool (D)', 10. 616/2018-19 dated 19-04-2018 for the work of 'Repairs and strengthening of Ayacut road from Tirupadu village to Katam Govinda reddyandChandramouleswara reddy polamrastha from km 0.000 to km 2.800 near Tirupadu (V), Gadivemula(m), Kurnool (D)', 11. 615/2018-19 dated 19-04-2018 for the work of 'Repairs and strengthening Gadigarevulaand Lingamaiah kattarastha from km 0.000 to km 3.000 near Tirupadu (V), Gadivemula(m), Kurnool (D)', 12. 610/2018-19 dated 19-04- 2018 for the work of 'Repairs and strengthening of Ayacut road from Bilakalaguduru village to Indra Kantonirastha from km 0.000 to km 2.800 near Bilakalaguduru (V), Gadivemula(m), Kurnool (D)', 13. 613/2018-19 dated 19- 04-2018 for the work of 'Repairs and strengthening of Ayacut road from Tirupadu village to Shankar reddyand Hussain reddypolamrastha from km 0.000 to km 2.500 near Tirupadu (V), Gadivemula(m), Kurnool (D)', 14. 612/2018-19 village toof Ayacut road from Tirupadu dated 19-04-2018 for the work of 'Repairs and strengthening of Ayacut road from Tirupadu village to SC colony andSubbarayudu polamrastha from km 0.000 to km 2.500 near Tirupadu (V), Gadivemula (m), Kurnool (D)', 15. 614/2018- 19 dated 19-04-2018 for the work of 'Repairs and strengthening of Ayacut road from Tirupadu village to Balabugganna andRamaih polamrastha from km 0.000 to km 3.000 near Tirupadu (V), Gadivemula (v) from km 0.000 to km 3.500 near Chindukuru Village, Gadivemula (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 @ 7.5percent 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. % 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. 619/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from K arimaddelarastha to Kalikammapolamrastha from km 0.000 to km 2.800 near Koratamaddi (V), Gadivemula (M), Kurnool (D)”, 2. 620/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Bavirastha to Bandiatmakurrastha from km 0.000 to km 3.000 near Koratamaddi (V), Gadivemula (M), Kurnool (D)”, 3. 621/2018-19 dated 19- 04-2018 for the work of “Repairs and strengthening of Ayacut road from Bandiatmakurrastha to Gurrammapolam from km 0.000 to km 3.000 near Koratamaddi (V). Gadivemula (m), Kurnool (D)’’, 4. 785/2018-19 dated 19- 04-2018 for the work of “Repairs and strengthening of Ayacut road from kantonipolamra stha to Moolaseenurastha from km 0.000 to km 3.000 near Koratamaddi (V), Gadivemula (m), Kurnool (D)”, 5. 711/2018-19 dated 19- 04-2018 for the work of “Repairs and strengthening of Ayacut road from Berrappa fields to Anyam Rama Krishna reddy fields from km 0.000 to km 3.000 near Karimaddela (V), Gadivemula(m), Kurnool (D)”, 6. 715/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Gadigarevula to vajjelavagurastha from km 0.000 to km 3.000 near Gadigarevula Village, Gadivemula(m), Kurnool (D)’’, 7. 717/2018-19, dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Chindukuru to Gadigarevularastha from km 0.000 to km 3.000 near Chindukuru Village, Gadivemula (m), Kurnool (D)”, 8. 617/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Tirupadu Village to mutham&VeerabadraManayamKarmaddelapolamrastha from km 0.000 to km 3.000 near Tirupadu (V), Gadivemula(m), Kurnool (D)”, 9. 618/2018-19dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from KC canal BayamakulaChinthamanurastha from km 0.000 to km 3.000 near Tirupadu (V), Gadivemula(m), Kurnool (D)”, 10. 616/2018-19 dated 19-04- 2018 for to the work of “Repairs and strengthening of Ayacut road from Tirupadu village to Katam Govinda reddy&Chandramouleswarareddypolamrastha from km 0.000 to km 2.800 near Tirupadu (V), Gadivemula(m), Kurnool (D)”, 11. 615/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Tirupadu village Gadigarevula&Lingamaiahkatt arastha from km 0.000 to km 3.000 to near Tirupadu (V), Gadivemula(m), Kurnool (D)”, 12. 610/2018-19 dated 19-04- 2018 for the work of “Repairs and strengthening of Ayacut road from Bilakalaguduru village to Indra Kantonirastha from km 0.000 to km 2.800 near Bilakalaguduru (V), Gadivemula(m), Kurnool (D)”, 13. 613/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Tirupadu village to Shankar reddy& Hussain reddypolamrastha from km 0.000 to km 2.500 near Tirupadu (V), Gadivemula(m), Kurnool (D)”, 14. 612/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Tirupadu village to SC colony &Subbarayudupolamrastha from km 0.000 to km 2.500 near Tirupadu (V), Gadivemula (m), Kurnool (D)”, 15. 614/2018-19 dated 19-04-2018 for the work of “Repairs and strengthening of Ayacut road from Tirupadu village to Balabugganna & Ramaihpolamrastha from km 0.000 to km 3.000 near Tirupadu (V), Gadivemula (v) from km 0.000 to km 3.500 near Chindukuru Village, Gadivemula (m), Kurnool (D)” all entered with the 3rd respondent forthwith, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI. V NITESH Counsel for the Respondent Nos. 1 to 3; GP FOR IRRI AND CAD Counsel for the Respondent No.4: GP FOR FINANCE PLANNING The Court made the following order: APHC010542662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28505/2024 Between: A Venkata Ramana Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.V NITESH Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD The Court made the following: In spite of adjourning the matter, the respondents have not filed their counter affidavit. 2. The petitioner is a civil contractor and was entrusted with various contract works under Neeru Chettu programme. The respondents have paid the work amounts and withheld amounts @ 7.5% per annum. Since the respondents are not releasing the withheld amount and earned money deposits, the petitioner has made a representation to the respondents on 05.06.2023 requesting to release the withheld amount on the ground that the works were completed three years back. Admittedly, there is no dispute with regard to execution of work and the 3. same is evident through quality control certificates. It is the contention of the petitioner that even though the respondents 4. admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 5. On the other hand, learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, on oral instructions, submitted that the bills are pending for fund clearance, and prayed to pass appropriate orders. 6. 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 withheld amounts @ 7.5% per annum to the petitioner 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 twelve (12) weeks from the date of receipt of a copy of the order. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTtON OFFICER To, 1. The Principal Secretary, Water Resources Department (Irrigation and CAD) Secretariat Buildings, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. Kurnool, Kurnool District, Superintending Engineer, Irrigation Circle 2. The A.P. K.C. Canal Division, Nandyal, Nandyal District 3. The Executive Engineer (erstwhile Kurnool District) 4. The Principal Finance Secretary Buildings, Velagapudi, Amaravati, Guntur , Finance Department Secretariat District, Andhra Pradesh. 5. One CC to Sri. V Nitesh Advocate [OPUC] High Court Of Andhra Pradesh. GP for Irrigation and CAD , 6. Two CCS to [OUT] CCS to GP for Finance Planning, High Court Of Andhra Pradesh, 7. Two [OUT] 8. Three CD Copies GSC HIGH COURT DATED:25/04/2025 ORDER WP.No.28505 of 2024 AND/*^ I U MAY 2025 .' ^ . Current Section . DISPOSING THE WP WITHOUT COSTS