Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 48220 (AP)

Unnam Venkateswarlu, v. The State of Andhra Pradesh,

WP/8931/2022 · 2025-09-22

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010160972022 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8931/2022 Between: 1. UNNAM VENKATESWARLU,, S/O. PEDDA BORRAIAH, AGE 40 YEARS, R/ O. 5-27, HASABABAD, DORNALA, PRAKASAM DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE SECRETARY TO THE GOVERNMENT OF ANDHRA PRADESH WATER RESOURCES CA VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 4. THE DIRECTOR OF WORKS AND ACCOUNTS, GOVERNMENT OF ANDHRA PRADESH, FINANCE DEPARTMENT ANJ ANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA 5. THE ENGINEER INCHIEF, IRRIGATION AND CAD DEPARTMEN VIJAYAWADA, KRISHNAN DISTRICT. 6. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE 7. THE PAY AND ACCOUNTS OFFICER, ONGOLE, PRAKASAM DISTRICT . IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8931/2022 UNNAM VENKATESWARLU,, S/O. PEDDA BORRAIAH, AGE 40 27, HASABABAD, DORNALA, PRAKASAM DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE SECRETARY TO THE GOVERNMENT OF ANDHRA PRADESH WATER RESOURCES CADA DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT THE DIRECTOR OF WORKS AND ACCOUNTS, GOVERNMENT OF ANDHRA PRADESH, FINANCE DEPARTMENT ANJ ANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA THE ENGINEER INCHIEF, IRRIGATION AND CAD DEPARTMEN VIJAYAWADA, KRISHNAN DISTRICT. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE THE PAY AND ACCOUNTS OFFICER, ONGOLE, PRAKASAM IN THE HIGH COURT OF ANDHRA PRADESH [3333] TWENTY THIRD DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA UNNAM VENKATESWARLU,, S/O. PEDDA BORRAIAH, AGE 40 27, HASABABAD, DORNALA, PRAKASAM DISTRICT ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE SECRETARY TO THE GOVERNMENT OF ANDHRA PRADESH DA DEPARTMENT, SECRETARIAT THE DIRECTOR OF WORKS AND ACCOUNTS, GOVERNMENT OF ANDHRA PRADESH, FINANCE DEPARTMENT ANJ ANEYA THE ENGINEER INCHIEF, IRRIGATION AND CAD DEPARTMENT THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE THE PAY AND ACCOUNTS OFFICER, ONGOLE, PRAKASAM 2 VS,J W.P.No.8931 of 2022 8. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE ONGOLE, PRAKASAM DISTRICT. 9. THE EXECUTIVE ENGINEER, SPECIAL DIVISION (IRRIGATION) MARKAPUR, PRAKASAM 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 topleased to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring i)the Memo No. ICD01/ 1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent and consequential action of the respondents in resorting to proceed for verification and inspection of works which were already inspected by the Quality Control Department and approved for payment of bills that too after expiry of defect liability period and ii) the action of the respondents in not releasing the bills for an amount of Rs. 8,73,392/- to the petitioner in respect of execution of works i.e Construction of Check Dam Across Teegaleru Vagu, Near Dornala (V), Dornala (M), Prakasam District in pursuance to the Agreement Nos. 427/17- 18, dated. 01-07-2017 as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently set aside the Memo No. ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent and direct the respondents to pay the approved bill amount along with interest to the petitioner forthwith in the interest of justice 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 release payment of approved bill amount to the petitioner in respect of execution of work i.e Construction of Check Dam Across Teegaleru Vagu, Near Dornala (V), Dornala (M), Prakasam District in pursuance to the Agreement Nos. 427/17-18, dated. 427/17-18, dated. 01- 07-2017 pending disposal of the above Writ Petition and pass IA NO: 2 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 grant stay of all further proceedings in pursuance of the Memo No. 3 VS,J W.P.No.8931 of 2022 ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV 4 VS,J W.P.No.8931 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 an order, writ or direction more particularly one in the nature of Writ of Mandamus declaring i) the Memo No.ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent and consequential action of the respondents in resorting to proceed for verification and inspection of works which were already inspected by the Quality Control Department and approved for payment of bills that too after expiry of defect liability period and ii) the action of the respondents in not releasing the bills for an amount of Rs.8,73,392/- to the petitioner in respect of execution of works i.e., Construction of Check Dam Across Teegaleru Vagu, Near Dornala (V), Dornala (M), Prakasam District in pursuance to the Agreement Nos.427/17-18, dated 01.07.2017 as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently set aside the Memo No.ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent and direct the respondents to pay the approved bill amount along with interest to the petitioner forthwith in the interest of justice and to pass such other order or orders ….” 2. When the writ petition came up for admission on 08.04.2022, this Court was pleased to pass the following interim direction in I.A.No.1 of 2022: “In the circumstances, the respondents are directed to pay the approved and final bill amounts due to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order.” 3. Today, when the writ petition came up for hearing, Ms. Ch.S.N.Meena Kumari, learned counsel representing Mr. Kambhampati Ramesh Babu, learned counsel for the petitioner has stated that, pending writ petition, the respondent authorities have paid the amounts due to the petitioner. 5 VS,J W.P.No.8931 of 2022 4. Recording the same, this Writ Petition is closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 23.09.2025 MDP