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2025 DAILYLAW 45995 (AP)

LINGAMGUNTA DASARADHARAMAIAH v. THE STATE OF ANDHRA PRADESH

WP/1498/2022 · 2025-09-22

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010020102022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1498/2022 Between: 1. LINGAMGUNTA DASARADHARAMAIAH, S/O. (LATE) L.KOTAIAH, AGED ABOUT 63 YEARS, R/O. H.NO.1-59, B.K AGRAHARAM VILLAGE, JALADANDI MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 238. 2. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 238. 3. THE DIRECTOR OF WORKS AND ACCOUNTS, 3RD FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT- 521456. 4. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 5. THE EXECUTIVE ENGINEER, S.P.DIVISION NO.2, NELLORE, SPSR NELLORE DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, SOMASILA PROJECT CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 7. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SECTION NO.1, JALADANKI, SPSR NELLORE DISTRICT. 2 8. THE SUPERINTENDING ENGINEER, SOMASILA PROJECT CIRCLE, NELLORE, NELLORE DISTRICT. 9. THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS NELLORE, NELLORE 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of work in terms of the Agreement No. 77 DN/ 2018-19 dated 13.03.2019 with the Measurement Book No. 3058-B, for the works executed by the petitioner with the total cost of Rs.6,44,365/- under the 'Neeru Chettu' program, approved for payment and entered in the CFMS (Comprehensive Financial Management System), even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from being contrary to the orders of this Hon'ble Court issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreements, along with interest accrued on the said amounts from the due date till the date of payment and pass IA NO: 1 OF 2022 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 pleased to direct the Respondents to forthwith pay the final bill amounts payable to the Petitioner in relation to the works executed by him under "Neeru-Chettu" programme with the Agreement No.77 DN/ 2018-19 dated 13.03.2019 with the Measurement Book No. 3058-B, for the works executed by the petitioner with the total cost of Rs. 6,44,365/- pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. T VENU GOPAL Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR REVENUE 3. GP FOR IRRIGATION COMM AREA DEV 3 The Court made the following order: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of work in terms of the Agreement No.77 DN/2018-19 dated 13.03.2019 with the Measurement Book No.3058-B, for the works executed by the petitioner with the total cost of Rs.6,44,365/- under the 'Neeru Chettu' program, approved for payment and entered in the CFMS (Comprehensive Financial Management System), even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from being contrary to the orders of this Hon'ble Court issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreements, along with interest accrued on the said amounts from the due date till the date of payment and pass such other order or orders….” 2. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents. 3. At the time of hearing, learned counsel for the petitioner stated that, pending the writ petition, the respondents have paid the amounts due to the petitioner. Therefore, requested this Court to close the writ petition. 4. Recording the above submission made by the learned counsel for the petitioner, the Writ Petition is closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 23.09.2025 KGR