APHC010365452024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18546/2024 Between: 1. RAISE OPERATIONS, REP. BY ITS PROPRIETOR SLNARASIMHA REDDY, AGED 39 YEARS, OCC CONTRACTOR, R/O. CHINTALAPUDI, CHINTALAPUDI MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY RURAL WATER SUPPLY AND SANITATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI. 2. THE CHIEF ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, GOLLAPUDI, NTR DISTRICT ERSTWHILE KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR, RAJAHMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE SUPERINTENDENT ENGINEER, RURAL WATER SUPPLY, AND SANITATION DEPARTMENT RAJAHMUNDRY, EAST GODAVARI DISTRICT. 5. THE EXECUTE ENGINEER, RURAL WATER SUPPLY AND SANITATION DIVISION, RAJAHMUDRY, RAJAHMUNDRY DIVISION, EAST GODAVARI DISTRICT. 2 6. THE SUPERINTENDENT ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, ELURU, WEST GODAVARI DISTRICT. 7. THE EXECUTE ENGINEER, RURAL WATER SUPPLY AND SANITATION DIVISION, BHIMAVARAM (ERSTWHILE KOVVURU DIVISION), WEST 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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order questioning the action of the respondents in not paying the first and final bills towards the works for an amount of Rs.9,25,723/- plus an amount of Rs.2,27,000/- towards the material at 1)Nidadavolu Mandal i. Kalavacherla-2, ii. Korupalli-2 and 2) Kothapalli Agraharam at Peravali Mandal of Nidadavolu, Rajahmundry, East Godavari District for the year 2021-22 is illegal and arbitrary and violative of articles 14,16 and 21 of constitution of India and consequently direct the respondents to pay the first and final bills an amount of Rs.9,25,723/- plus and an amount of Rs.2,27,000/- towards the material of work place Nidadavolu Mandal i. Kalavacherla-2, ii. Korupalli-2 and to pass such other order or orders as this Honble Court may deem fit in the circumstances of the case. Prayer is amended as per the CO dt.25.09.2024 vide orders passed IA No.03 of 2024. IA 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 herein to pay the amount towards the material (HDPE pipes, tap connections and walls) supplied as per the agreement conditions towards the work of Kothapalli Agraharam at Peravali Mandal of Nidadavolu, Rajahmundry, East Godavari District for the year 2021-22, pending disposal of Writ Petition and to pass IA NO: 2 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 herein to pay the admitted first and final bills towards the works of Nidadavolu Mandal i. Kalavacherla-2, ii. KorupaHi-2, 3 Rajahmundry RWS & S Division, East Godavari District for the year 2021-22, pending disposal of Writ Petition and to pass IA NO: 3 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 amend the main prayer in the above writ petition as “questioning the action of the respondents in not paying the first and final bills towards the works for an amount of Rs.9,25,723/- + an amount of Rs.2,27,000/- towards the material at 1) Nidadavolu Mandal i. Kalavacherla-2, ii. Korupalli and 2) Kothapalli Agraharam at Peravali Mandal of Nidadavolu, Rajahmundry, East Godavari District for the year 2021-22 is illegal and arbitrary and volatile of articles 14, 16 and 21 of constitution of India and consequently direct the respondents to pay the first and final bills an amount of Rs.9,25,723/- + an amount of Rs.2,27,000/- towards the material at work place Nidadavolu Mandal i. Kalavacherla-2, ii. Korupalli-2 and to pass such other order or orders as this Hon’ble Court may be deem fit in the circumstances of the case” in the place of questioning the action of the respondents in not paying the first and final bills towards the works at 1) Nidadavolu Mandal i. Kalavacherla-2, ii. Korupalli-2 and 2) Kothapalli Agraharam at Peravali Mandal of Nidadavolu, Rajahmundry, East Godavari District for the year 2021-22 is illegal and arbitrary and volatile of articles 14, 16 and 21 of constitution of India and consequently direct the respondents to pay the first and final bill towards the works Nidadavolu Mandal i. Kalavacherla-2, ii. Korupalli-2 and to pass such other order or orders as this Hon’ble Court may be deem fit in the circumstances of the case as well as interim prayer as follows “pay the admitted first and final bills an amount of Rs.9,25,723/- towards the works of Nidadavolu Mandal i. Kalavacherla-2, ii. Korupalli-2, Rajahmundry RWS & S Division, East Godavari District for the year 2021-22, pending disposal of Writ Petition and to pass such other order or orders as this Hon’ble Court may be deem fit and proper in the circumstances of the case” in the place of pay the admitted first and final bills towards the works of Nidadavolu Mandal i. Kalavacherla-2, ii. Korupalli-2, Rajahmundry RWS & S Division, East Godavari District for the year 2021-22, pending disposal of Writ Petition and to pass Counsel for the Petitioner: 1. S.N.MANI 4 Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 5 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18546/2024 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj Rural Development, Finance and Planning and the learned Standing Counsel appearing for the respondents. 2. The Writ Petition is filed under Article 226 of Constitution of India seeking for the following relief: “…to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ Direction or Order questioning the action of the respondents in not paying the first and final bills towards the works for an amount of Rs.9,25,723/- plus an amount of Rs.2,27,000/- towards the material at 1) Nidadavolu Mandal i. Kalavacherla-2, ii. Korupalli-2 and 2) Kothapalli Agraharam at Peravali Mandal of Nidadavolu, Rajahmundry, East Godavari District for the year 2021-22 is illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and consequently direct the respondents to pay the first and final bills an amount of Rs.9,25,723/- plus and an amount of Rs.2,27,000/- towards the material of work place Nidadavolu Mandal, i. Kalavacherla-2, ii. Korupalli-2 and to pass …” 3. The case of the petitioner herein is that the petitioner was entrusted work for supply of material for providing water supply for construction of House in YSR Jagananna Housing Colony at Korupalli-2 of Korupalli Village and Kalavacherla-2 of Kalavacherla Village in Nidadavole Mandal for an estimated amounts of Rs.15,40,000/- and Rs.19,70,000/- each. 6 Pursuant to it, the petitioner entered into an agreement on 10.06.2021 in respect of the said work. As per the terms of the agreements, the petitioner was also entrusted the work. Even after completion of the above said work, the respondents have not paid the final bill due to the petitioner. Therefore, the petitioner made a representation to the respondent No.1, upon which, the respondent No.2 was directed to consider the representation and to take necessary action for payment of the final bill to the petitioner. Even then, the respondents did not pay the due amount to the petitioner. Hence, the Writ Petition. 4. Learned counsel for the petitioner submits that even after completion of the works, the respondents have not adhered to the terms of the agreement and have not paid the amounts. 5. On the other hand, the learned Government Pleader for the respondents placed before the Court a copy of written instructions of the respondent No.5, dated 10.09.2025, wherein, it is submitted that the work was completed in respect of 1st work i.e., providing water supply for construction of houses in YSR Jagananna Housing Colony at Korupalli-2 of Korupalli Village in Nidadavole Mandal and also admitted that Rs.9,25,723/- is due to the petitioner, but whereas in respect of the 2nd work, the claim is denied on the ground that the work did not start and the petitioner’s claim of Rs.2,27,000/- cannot be considered as due for non-execution of the work. 6. Heard and considered the rival submissions. 7 7. From perusal of the material on record, it is observed that except the agreements, dated 10.06.2021 and sanction order, dated 26.05.2023, no documents were filed by the petitioner to substantiate the claim of the petitioner. In the absence of the documents to substantiate the liability on the part of the respondents arising in terms of the representation, dated 12.06.2024, the same cannot be implemented or cannot be enforced under the Article 226 of the Constitution of India. However, the respondent No.5, as per the written instructions, dated 10.09.2025, it is admitted that in respect of 1st work i.e., providing water supply for the construction of houses in YSR Jagananna Housing Colony at Korupalli-2 of Korupalli Village in Nidadavole Mandal, the execution of work was done by the petitioner to an extent of Rs.9,25,723/- out of Rs.15,40,000/-. 8. In view of the same, this Court is inclined to issue a Writ of Mandamus to the respondents to pay the said admitted amount within a period of three (03) months from the date of receipt of this order. However, it is needless to observe that the petitioner is at liberty to proceed further to recover the amounts which are pending out of the other agreements by way of invoking appropriate remedies available under law. 9. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. 8 Consequently, miscellaneous applications pending, if any, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Dated: 15.09.2024 MSI 9 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18546/2024 Dated: 15.09.2024 MSI