Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 46314 (AP)

K.Saramma, v. The State of Andhra Pradesh,

WP/334/2022 · 2025-09-23

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010000402022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 334/2022 Between: 1. K.SARAMMA,, W /O. NAGAIAH, AGED ABOUT YEARS, R/O. H.NO.1- 59, CHELAMCHERLA VILLAGE, KAVALI MANDAL, 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, NELLORE, NORTH DIVISION, KAVALI, SPSR NELLORE DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION NO.1, KAVALI, SPSR NELLORE DISTRICT.. VS,J W.P No.334 of 2022 2 7. THE ASSISTANT EXECUTIVE ENGINEER, KAVALI EAST SECTION, KAVALI, SPSR NELLORE DISTRICT. 8. THE SUPERINTENDING ENGINEER, IRRIGATION 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 that this Hon'ble Court may be 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. 148 DN/2018-19 dated 30.09.2018 with the Measurement Book (M-Book) No.4892-A, for the works executed by the petitioner with the total cost of Rs.7,34,316/- 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 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. 148 DN/2018-19 dated 30.09.2018 with the Measurement Book (M-Book) No.4892-A, for the works executed by the petitioner with the total cost of Rs.7,34,316/- pending disposal of the main Writ Petition and pass VS,J W.P No.334 of 2022 3 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 VS,J W.P No.334 of 2022 4 The Court made the following Order: The present writ petition is filed under Article 226 of 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.148 DN/2018-19 dated 30.09.2018 with the Measurement Book (M-Book) No.4892-A, for the works executed by the petitioner with the total cost of Rs.7,34,316/- 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. When the writ petition came up ‘for admission’ on 17.01.2022, this Court passed the following interim order:- “…the respondents are directed to release the subject bill amounts and pay to the petitioner, after due verification within six (06) weeks from now…” 3. Today when the matter came up for hearing, the learned Assistant Government Pleader for Irrigation has admitted the fact that they have not paid the bill amounts payable to the petitioner. But, however, gave an undertaking before this Court that the amounts will be paid to the petitioner within one month. VS,J W.P No.334 of 2022 5 4. Recording the undertaking given by the learned Assistant Government Pleader for Irrigation, this Writ Petition is disposed of, directing the respondent No.5 to release the subject bill amount, as expeditiously as possible preferably within one month, from the date of receipt of this order. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date:24.09.2025 Ksj