I APHC010266422024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: OF 2024 It . 1 iA Between: M/s.Sree Mandali Enterprises, Rep. by its Partner Sanaka Kota Venkata Renuka Ravi Vara Prasad, S/o. Naga Basavaiah, Aged 39 years, Occ Contractor, R/o. D.No. 1-2, Nagayalanka Village, Nagayalanka Mandal, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh Department of Irrigation, CAD Water Amaravathi, Guntur District. 2. The Superintendent Engineer Rep. by its Principal Secretary, Resources Secretariat, Irrigation and Water Resources Department, Irrigation Circle, Vijaydwada, NTR District. 3. The Executive Engineer, Irrigation and Water Resources Krishna Central Division, Vijayawida, NTR District. Department, 4. The Commissioner, Command Development Resources Department, Govt, of A.P. Area (CAD), Water Vijayawada, Krishna District. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Amaravathi, Guntur District. ...RESPONDENTS .1 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 > to issue a writ of mandamus or any other appropriate writ or direction f v^^^claVing the action of the Respondents in withholding the payment of M ■' -t i baJancp amount even after finalizing the bill, payable to the petitioner in ■ ^ / , relation to the execution of works i.e., (1) Rs. 9,89,290/- in respect of the work Removal of Weed Growth in Bandar Canal, Eluru Canal and Ryves Canal in Town works section under Head Quarters Sub- Division, Vijayawada for the year 2023-2024 vide Agreement No. 03/2023-24, (2) An amount of Rs. 8,12,405/- for the work O and M - Such as Removal of Weed Growth, Repairs to Shutters on No. 1, No.2 and No. 3 Channels and its Distributaries for the year 2023-2024 vide Agreement No. 04/2023-24, and (3) an amount of Rs. 21,52,760/- for the work O and M - Removal of Weed Growth in KEB Main Canal from KM 54.000 to KM 60.000 and its Distributaries under the jurisdiction of Irrigation Section, Challapalli for the year 2023.2024 vide Agreement No. 05/2023-24 totally an amount of Rs. 39,54,455/- as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to consider for payment of amounts to the petitioner in respect of execution of aforementioned works 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 respondents to consider for payments of amounts payable to the petitioner in respect of works i.e., (1) Rs. 9,89,290/- in respect of the work “Removal of Weed Growth in Bandar Canal, Eluru Canal and Ryves Canal in Town works section under Head Quarters Sub-Division, Vijayawada for the year 2023-2024” vide Agreement No. 03/2023-24, (2) An amount of Rs. 8,12,405/- for the work “O & M - Such as Removal of Weed Growth, Repairs to Shutters on No. 1, No.2 & No. 3 Channels and its Distributaries for the year 2023-2024” vide Agreement No. 04/2023-24, and (3) an amount of Rs. , '( 21,52,760/- for the work “O & M Canal from KM 54.000 to KM 60.000 jurisdiction of Irrigation Section, Challapalli Agreement No.05/2023-24 totally disposal of the Writ Petition. Counsel for the Petitioner: SRI B. S. N. NAIDU Counsel for the Respondent Nos.1 to 4: GP FOR IRRIGATION & CAD Counsel for the Respondent No.5:GP FOR FINANCE The Court made the following order: - Removal of Weed Growth in KEB Main and its Distributaries under the for the year 2023.2024” vide an amount of Rs. 39,54,455/- pending AND PLANNING APHC010266422024 r THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) IN [3333] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT honourable smt justice V.SUJATHA WRIT PETITION NO: 13338/2024 THE Between; by ITS PARTNER SANAKA S/0. NAGA SREE MANDALl ENTERPRISES, REP KOTA VENKATA RENUKA RAVI VARA PRASAD, bSaVAIAH AGED 39 YEARS, OCC CONTRACTOR. R/0. D. NO. 1^ rNAGAYALANKA VILLAGE, NAGAYALANKA MANDAL. KRISHNA DISTRICT. 1. ...PETITIONER AND PRINCIPAL SECRETARY, WATER RESOURCES REP. BY ITS DEPARTMENT OF IRRIGATION, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT 1.THE STATE OF AP CAD WATER 9THF SUPERINTENDENT ENGINEER, IRRIGATION AND RESOURCES DEPARTMENT, IRRIGATION CIRCLE, VIJAYAWADA, NTR DISTRICT. and water IRRIGATION KRISHNA CENTRAL DIVISION, ENGINEER, EXECUTIVE resources department, VIJAYAWADA, NTR DISTRICT. 3.THE DEVELOPMENT AREA (CAD) GOVT, COMMISSIONER, COMMAND department 4.THE WATER VIJAYAWADA, KRISHNA DISTRICT. OF A.P. RESOURCES by its principal SECRETARIAT, ANDHRA PRADESH, REP. department, 5.THE STATE OF SECRETARY, AMARAVATHI, GUNTUR DISTRICT. finance 2 W.P.N0.13338 0F20i^ ...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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of balance amount even after finalizing the bill, petitioner in relation to the execution of works i.e., (1) Rs. 9,89,290/- in respect of the work Removal of Weed Growth in Bandar Canal, Eluru Canal and Ryves Canal in Town works section under Head Quarters Sub- Division, Vijayawada for the year 2023-2024 vide Agreement No. 03/2023-24, (2) An amount of Rs. 8,12,405/- for the work O and M - Such as Removal of Weed Growth, Repairs to Shutters on No. 1, No.2 and No. 3 Channels and its Distributaries for the year 2023-2024 vide Agreement No. 04/2023-24, and (3) an amount of Rs. 21,52,760/- for the work O and M - Removal of Weed Growth in KEB Main Canal from KM 54.000 to KM 60.000 and its Distributaries under the jurisdiction of Irrigation Section, Challapalli for the year 2023.2024 vide Agreement No. 05/2023-24 totally an amount of Rs. 39,54,455/- as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to consider for payment of amounts to the petitioner in respect of execution of aforementioned works forthwith and pass payable to the 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 pleased to direct the respondents to consider for payments of amounts payable to the petitioner in respect of works i.e., (1) Rs. 9,89,290/- in respect of the work “Removal of Weed Growth in Bandar Canal, Eluru Canal and Ryves Canal in Town works section under Head Quarters Sub-Division, Vijayawada for the year 2023-2024” vide Agreement No. 03/2023-24, (2) An amount of Rs. 8,12,405/- for the work “Q & M - Such as Removal of Weed Growth, Repairs to Shutters on No. 1, No.2 & No. 3 Channels and its Distributaries for the year 2023-2024” vide Agreement No. 04/2023-24, and (3) an amount of Rs. 21,52,760/- for the work “O & M - Removal of Weed Growth in KEB Main Canal from KM 54.000 to KM 60.000 and its Distributaries under the jurisdiction of Irrigation Section, Challapalli for the year 20-23.2024” vide Agreement No 05/2023-24 totally an amount of Rs. 39,54,455/- pending disposal of the Writ Petition and pass Counsel for the Petitioner: 3 VS,J W.P.NO.13338 OF 2024 1.B S N NAIDU Counsel for the Respondent(S): 1 .GP FOR IRRIGATION COMM AREA DEV 2.GP FOR FINANCE PLANNING The Court made the following: ; >-3 4 VS,J W.P.NO.13338 OF 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: ■ to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of balance amount even after finalizing the bill, payable to the petitioner in relation to the execution of works i.e., (1) Rs. 9,89,290/- in respect of the work “Removal of Weed Growth in Bandar Canal, Burn Canal and Ryves Canal in Town works section under Head Quarters Sub-Division, Vijayawada for the year 2023-2024” vide Agreement No. 03/2023-24, (2) 8,12,405/- e work “O & M - Such as Removal of Weed Growth, Repairs to Shutters on No. 1, No. 2 & No. 3 Channels and its Distributaries for the year 2023- 2024” vide Agreement No. 04/2023-24, and (3) an amount of Rs. 21,52,760/- for the work O & M - Removal of Weed Growth in KEB Main Canal from KM 54.000 to KM 60.000 and its Distributaries under the jurisdiction of Irrigation Section, Challapalli for the year 2023-2024 vide Agreement No. 05/2023-24 totally an amount of Rs. 39,54,455/- as illegal, arbitrary and contrary to the Principles of natural justice and conseguently direct the respondents to consider for payment of amounts to the petitioner in respect of execution of aforementioned works forthwith and pass ■ An amount of Rs. for th 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificates to a tune of Rs.12,61,399/- Rs.6,27,728/-, Rs. 15,78,021/- respectively. As the payment of the said amounts has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 3. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non- 5 \ W.P.NO.13338OF20i, payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 4. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. 5. On the other hand, learned Government Pleader placed on oral instructions stating that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner, however, admitted the amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.12,61,399/-, Rs.6,27,728/-, Rs.15,78,021/-. 7. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount to the petitioner in accordance with the quality control certificates dated 15.10.2024, 05.03.2025 & 27.08.2024 issued by the respondents within a period of five (05) months from the date of receipt of a copy of this order. No costs. As far as interest component is concerned, if there is any subsisting 8. clause in the agreement/work order envisaging payment of interest upon any amount which is due and payable, the same is binding upon both the parties. 6 VS,J W.P.NO.13338 OF 2024 Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- Nl PRABHAKAR RAO assistant SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Department ofMrrigation, State of Andhra Secretariat, Amaravathi, Guntur Pradesh, CAD Water Resources District. Superintendent Engineer, Irrigation and Water Resources 2. The Department, Irrigation Circle, Vijayawada, NTR District. 3. The Executive Engineer, Irrigation and Water Resources Department Krishna Central Division, Vijayawada, NTR District. 4. The Commissioner, Command Development Area (CAD) Water Resources Department, Govt, of A.P., Vijayawada, Krishna District. Fin^ce Department, State of Andhra 5. The Principal Secretary, Pradesh, Secretariat, Amaravathi, Guntur District. 6. One CC to Sri B. S. N. Naidu, Advocate [OPUC] 7. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 8. Two CCs to Pradesh [OUT] 9. Two CD Copies. GP for Finance and Planning, High Court of Andhra ssb ' V s^, HIGH COURT DATED:15/09/2025 ORDER WP No. 13338 OF 2024 C ' ^ OCT 2025^ N^Siliirent SectioaxC^ DISPOSING OF THE W.P. WITHOUT COSTS