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2025 DAILYLAW 48135 (AP)

Distributory Committee No. 1 v. The State of Andhra Pradesh,

WP/12017/2022 · 2025-09-21

V Sujatha

body2025

Judgment text

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APHC010203672022 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12017/2022 Between: 1. DISTRIBUTORY COMMITTEE NO. 1, , PAMULAPADU VILLAGE, KURNOOL DISTRICT, REPRESENTED BY ITS PRESIDENT, K. VENKATESWARLU, S/O. VEERANNA, AGED 58 YEARS, R/O. H. NO. 4-22, ALLUR VILLAGE, NANDIKOTKUR MANDAL, KURNOOL DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE ENGINEERINCHIEF, IRRIGATION AND CAD DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 4. THE SUPERINTENDING ENGINEER, , WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER KC CANAL DIVISION, NANDYAL, KURNOOL DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, KC CANAL SUB DIVISION, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12017/2022 DISTRIBUTORY COMMITTEE NO. 1, , PAMULAPADU VILLAGE, KURNOOL DISTRICT, REPRESENTED BY ITS PRESIDENT, K. VENKATESWARLU, S/O. VEERANNA, AGED 58 YEARS, R/O. H. NO. 22, ALLUR VILLAGE, NANDIKOTKUR MANDAL, KURNOOL ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT GAPUDI, GUNTUR DISTRICT. THE ENGINEERINCHIEF, IRRIGATION AND CAD DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. THE SUPERINTENDING ENGINEER, , WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, KC CANAL DIVISION, NANDYAL, KURNOOL DISTRICT. THE DEPUTY EXECUTIVE ENGINEER, KC CANAL SUB DIVISION, IN THE HIGH COURT OF ANDHRA PRADESH [3333] TWENTY SECOND DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA DISTRIBUTORY COMMITTEE NO. 1, , PAMULAPADU VILLAGE, KURNOOL DISTRICT, REPRESENTED BY ITS PRESIDENT, K. VENKATESWARLU, S/O. VEERANNA, AGED 58 YEARS, R/O. H. NO. 22, ALLUR VILLAGE, NANDIKOTKUR MANDAL, KURNOOL ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT THE ENGINEERINCHIEF, IRRIGATION AND CAD DEPARTMENT, THE SUPERINTENDING ENGINEER, , WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL RESOURCES DEPARTMENT, KC CANAL DIVISION, NANDYAL, KURNOOL DISTRICT. THE DEPUTY EXECUTIVE ENGINEER, KC CANAL SUB DIVISION, 2 VS,J W.P.No.12017 of 2022 KURNOOL, KURNOOL 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 toHon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding the payment of amounts even after finalizing the hills, payable to the petitioner in relation to the execution of works i.e., Neeru Glean work such as repairs and strengthening of ayacut road from KC Canal at Km 99.750 to Telgu Nagaswamy Chenu, under the jurisdiction of petitioner herein vide Agreement No. 1481/2017-18 dated 29.03.2018 and to declare the same is illegal, arbitrary and in violation of Article 14 of the Constitution of India and consequently direct the respondents to pay an amount of Rs. 7,27,679/- due to the petitioner in respect of execution of afore mentioned works forthwith and to 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 take steps for paying the amount of Rs. 7,27,679/- due to the petitioner in respect of the work executed by him under Neeru Chettu Programme, pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. GINJUPALLI SUBBA RAO Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV 3 VS,J W.P.No.12017 of 2022 The Court made the following Order: The present Writ Petition came to be 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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding the payment of amounts even after finalizing the bills payable to the petitioner in relation to the execution of works i.e., Neeru Chettu work such as repairs and strengthening of ayacut road from KC Canal at Km 99.750 to Telgu Nagaswamy Chenu, under the jurisdiction of petitioner herein vide Agreement No.1481/2017-18 dated 29.03.2018 and to declare the same is illegal, arbitrary and in violation of Article 14 of the Constitution of India and consequently direct the respondents to pay an amount of Rs.7,27,679/- due to the petitioner in respect of execution of afore mentioned works forthwith and to pass such other order or orders ….” 2. When the writ petition came up for admission on 20.06.2022, this Court was pleased to pass the following interim direction: “The respondent authorities shall pay the amounts due to the petitioner within a period of six (06) weeks from today.” 3. Today, when the writ petition came up for hearing, Mr. Ramesh Babu Tatapudi, learned counsel representing Mr. Ginjupalli Subba Rao, learned counsel for the petitioner has stated that, pending writ petition, the respondent authorities have paid the amounts due to the petitioner. 4. Recording the same, this Writ Petition is closed. There shall be no order as to costs. 4 VS,J W.P.No.12017 of 2022 As a sequel, Interlocutory Applications pending, if any, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 22.09.2025 MDP