IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 25413 OF 2024 Between: The Water User Association No.27, Rep by its President, P.C. Nagi Reddy, S/o. Venkata Subba Reddy ,aged about 70 Years, R/o. Deebaguntia Village, Gospadu Mandal, Kurnool District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, A.P. Secretariat Building, Velagapudi, Amaravathi. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, A.P. Secretariat Building, Velagapudi, Amaravathi. The District Collector, Nandyal. Nandyal District. The Chief Engineer, Minor Irrigation Department, Vijayawada, Krishna District. 1. 2. 3. 4. 5. The Superintending Engineer (Irrigation Circle), Irrigation Circle, Kurnool, Kurnool District. The Executive Engineer (W.R. Dept), KC Canal Division, Nandyal, Nandyal, District. 6. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstancesstated 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 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) Improvements to Ayacut road from Pandurangapuram adda rastha to Bramhana.Palle rastha from km 0.000 to km 2.500 near .Pandurangapuram(v) Nandyal through the Agreement No.342/2018-19 and dated 29.05.2018 for an amount Rs.71,195/- ii) De-silting of Field channels of Kanalapalli Supply Channel and Jillella Supply Channel of KC Main canal through the Agreement No.581/2017-18 and dated 29.12.2017 for an amount Rs.69,692/- iii) De-silting of BT Kalva near Jillella Village of KC Main cannal under Neeru-Chettu Programme through the Agreement No.582/2017-18 and dated 29.12.2017 for an amount Rs.74,441/- iv) Improvements to Ayacut road from Mitnala Tharu road to Pusuluru rastha from km 0.000 to km 2.500 near Mitnala (v) Nandyal Mandal through the Agreement No.343/2017-18 and dated 29.05.2017 for an amount Rs.71,329/- v) Construction of Protection walls from km 0.320 to 0.450 of Kalingirivagu at km 184.740 of KC Main Canal through the Agreement No.585/2017-18 and dated 29.05.2017 for an amount Rs.66,330/- totaling an amount of Rs.3,52,987/- with 18 percentage interest is illegal, arbitrary and contrary to law and unconstitutional and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release the Withheld amount an amount of Rs.3,52,987/- with 18 percentage Per annum to the petitioner in respect of the execution of aforementioned work forthwith. 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 respondent authorities to release the Withheld amount of Rs.3,52,987/- with interest at 18 percentage for the works execu ted by the petitioner under the scheme Neeru - Chettu for executing the Works i) Improvements to Ayacut road from Pandurangapuram adda rastha to Bramhana Palle rastha from km 0.000 to km 2.500 near Pandurangapuram(v) Nandyal through the Agreement No.342/2018-19 and dated 29.05.2018 for an amount Rs.71,195/- ii) De-silting of Field channels of Kanalapalli Supply Channel and Jillella Supply Channel of KC Main canal through the Agreement No.581/2017-18 and dated 29.12.2017 for an amount Rs.69,692/- iii) De-silting of BT Kalva near Jillella Village of KC Main cannal under Neeru-Chettu Programme through the Agreement No.582/2017-18 and dated 29.12.2017 for an amount Rs.74,441/- iv) Improvements to Ayacut road from Mitnala Tharu road to Pusuluru rastha from km 0.000 to km 2.500 near Mitnala (v) Nandyal Mandal through the Agreement No.343/2017-18 and dated 29.05.2017 for an amount Rs.71,329/- v) Construction of Protection walls from km 0.320 to 0.450 of Kalingirivagu at km 184.740 of KC Main Canal through the Agreement No.585/2017-18 and dated 29.05.2017 for an amount Rs.66,330/- to the petitioner. 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 c APHC010491342024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0!¥i0 [3459] 0 TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 25413/2024 Between: ...PETITIONER The Water User Association No.27 AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others 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) Improvements to Ayacut road from Pandurangapuram adda rastha to Bramhana.Palle rastha from km 0.000 to km 2.500 near Pandurangapuram(v) Nandyal through the Agreement No.342/2018-19 and dated 29.05.2018 for an amount Rs.71,195/- li) De-silting of Field channels of Kanalapalli Supply Channel and Jillella Supply Channel of KC Main canal through the Agreement No.581/2017-18 and dated 29.12.2017 for an amount Rs.69,692/- III) De-sllting of BT Kalva 2 JS,J ^ W.P,No.2541 3/2024 near Jillella Village of KC Main cannal under Neeru-Chettu Programme through the Agreement No. 582/2017-18 and dated 29.12.2017 for an amount Rs.74,441/- iv) Improvements to Ayacut road from MItnala Tharu road to PusLiluru rastha from km 0.000 to km 2.500 near Mitnala (v) Nandyal Mandal through the Agreement No.343/2017-18 and dated 29.05.2017 for an amount Rs. 71,329/- v) Construction of Protection walls from km 0.320 to 0.450 of Kalingirivagu at km 184.740 of KC Main Canal through the Agreement No. 585/2017-18 and dated 29.05.2017 for an amount Rs.66,330/- totaling an amount of Rs.3,52,987/- with 18 percentage interest is illegal, arbitrary and contrary to law and unconstitutional and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release the Withheld amount an amount of Rs.3,52,987/- with 18 percentage Per annum to the petitioner in respect of the execution of aforementioned work forthwith and to pass such other orders as may be deem fit and proper in the circumstances of the case. ” 2. In spite of adjourning the matter several times, the respondents have not filed their counter affidavit. 3. The petitioner is a contractor and was entrusted with various contract works under Neeru Chettu programme. The respondents have paid the work amounts and withheld an amount of Rs.3,52,987/- with interest @ 18% per annum. Since the respondents are not releasing the withheld amount, the petitioner has made a representation to the respondents requesting to release the amounts on the ground that the works were completed three years back. 4. Admittedly, there is no dispute with regard to execution of work and the same is evident through measurement books. 5. It is the contention of the petitioner that even though the respondents 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. 3 JS,J / W.P.No.2541 3/2024 ' On the other hand, learned Government Pleader for Irrigation, \A/hile admitting about the claim of the petitioner, on oral instructions, submitted that the bills are pending for fund clearance, and prayed to pass appropriate 6. orders. 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 total amount of Rs.3,52,987/- (WHA) to the petitioner along with interest on the said amount 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. 7. as As a sequel, miscellaneous petitions pending, if any, shall stand closed. cH/ WIOHD RAFl JKS-ANT REGISTRAR //TRUE COPY// SECTION 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), Irrigation Circle, Kurnool, Kurnool District. 6. The Executive Engineer (W.R. Dept), KC Canal Division, Nandyal, 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] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies TF HIGH COURT DATED:25/03/2025 ORDER WP.No.25413 of 2024 i n MAY 2025 ^ Current aecuon ^y/ Co DISPOSING OF THE W.P., WITHOUT COSTS