APHC010033942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1822/2025 Between: 1. PVR STRUCTURES INDIA PRIVATE LIMITED, MANAGING DIRECTOR. P.SRIHARSHA, S/O. VEERAJU, AGED ABOUT 32 YEARS, D.NO. 18-3-8, BOKKAVARI STREET,MANDAPETA, EAST GODAVARI DISTRICT-533308. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR IRRIGATION WING, KAKINADA, EAST GODAVARI DISTRICT. 4. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 5. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 2 TCDS,J W.P.No.1822 of 2025 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, DOWLAISWARAM,EAST GODAVARI DISTRICT. 7. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER, RESOURCES DEPARTMENT, DRINAGE DIVISION, KAKINADA, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 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 more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.1,40,00,000/- vide its Agreement No. 09 DC/2021-22 dated 07.07.2021 for which the name of work was Annual Maintenance of Removal of Weed growth from Samalkota,,Canal, Mandapeta Canal, and G.E Bank Cannal including Distributaries System during Khariff and Rabi Seasons 20214-22, under Godavari Eastern Division, in G.E. Delta, with interest of execution of completion of O and M works under Water Resource/Irrigation and CAD Department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 1,40,00,000/- for execution of completion of Irrigation works under Water Resource/Irrigation and CAD Department as per agreement to the petitioner forthwith and to pass such IA NO: 1 OF 2025 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 may be pleased to direct the respondents releasing, the Final Bill amount of Rs. 1,40,00,000/- vide its Agreement No. 09 DC/2021-22, dated. 07.07.2021, for the said agreements for execution of completion of O and M works under Water Resource/Irrigation and CAD Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass such 3 TCDS,J W.P.No.1822 of 2025 IA NO: 2 OF 2025 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 implead proposed Respondent Nos. 8 & 9 as party respondent Nos.8 & 9 in the writ petition No. 1822 of 2025 and to pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 4 TCDS,J W.P.No.1822 of 2025 The Court made the following order: The petitioner claims that, pursuant to the tender notice dated 29.06.2021, the petitioner participated in the same and entered into an agreement with the respondents vide Agreement No.09 DC/2021-22, dated 07.07.2021. In furtherance thereto, the petitioner executed the work of “Annual Maintenance of removal of weed growth from Samalkota Canal, Mandapeta Canal, and G.E. Bank Canal including Distributaries System during Khariff & Rabi Seasons 2021-22 under Godavari Eastern Division, in G.E.Delta” and completed the work within the time stipulated in the agreement. It is further case of the petitioner that after check measurements, the authorities approved the final bill amount as per the agreement in favour of the petitioner. It is further stated that the petitioner is entitled to receive the amount in respect of the works completed. It is further case of the petitioner that, despite completion of the works within the stipulated time and issuance of the Quality Control Certificate dated 28.05.2025 by the respondents, for the reasons best known to them, the said amount has not been released till date. Questioning the same, the present writ petition is filed. 2. On the other hand, learned Government Pleader for Irrigation would fairly submit that the petitioner has executed the aforementioned works and did not dispute the Quality Control Certificate dated 28.05.2025 issued by the respondents. 5 TCDS,J W.P.No.1822 of 2025 3. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for Irrigation, there is no justification on the part of the respondents in not releasing the amounts payable to the petitioner in respect of works completed by the petitioner in terms of agreement dated 07.07.2021. 4. In view of the above, the Writ Petition is disposed of, directing the respondents to release the amount payable to the petitioner in respect of works completed by the petitioner under the agreement dated 07.07.2021, within a period of twelve (12) weeks from the date of receipt of a copy of this order. It would be open to the petitioner to agitate its claim for interest, if any, payable by the respondents, in appropriate forum. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date.23.07.2025 KGR 6 TCDS,J W.P.No.1822 of 2025