APHC010355692022 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: 21571/2022 Between: 1. BOREDDY VENKATA REDDY, S/O. SUBBA REDDY AGED 67 YEARS, R/O. OMKARAPURAM VILLAGE BESTHAVARIPETA MANDAL, PRAKASAM DISTRICT ...PETITIONER AND 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 (CADA) DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 4. THE ENGINEER INCHIEF, IRRIGATION AND CAD DEPARTMENT VIJAYAWADA, KRISHAN DISTRICT. 5. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE 6. THE PAY AND ACCOUNTS OFFICER, ONGOLE, PRAKASAM DISTRICT 7. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE ONGOLE, PRAKASAM DISTRICT. 2 VS,J W.P.No.21571 of 2022 8. THE EXECUTIVE ENGINEER, IRRIGATION SPECIAL DIVISION MARKAPURAM, 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 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 approved bill amounts pertaining to the works executed by the petitioner i.e. i) Construction of Check dam across Nallavagu near Madarupalli Village in Cumbum Mandal, Prakasam District under Agreement No. 123/2018-19 for an amount of Rs. 5,19,708/-, ii) Construction of check dam across Nallavagu near Madarupalli village in Cumbum Mandal of Prakasam District under Agreement No. 124/2018-19 for an amount of Rs. 5,18,911/-, iii) Construction of check dam across Nallavagu near Narsireddypalli village in Cumbum Mandal of Prakasam District under Agreement No. 125/2018-19 for an amount of Rs.4,86,000/-, iv) Construction of check dam across Nallavagu at Nakka Adilakshmamma field of Narisireddypalli Village Cumbum Mandal of Prakasam District under Agreement No.454/2018-19 for an amount of Rs. 6,31,823/-, v) Construction of check dam across Nallavagu in Narisireddypalli Village at Muraboina Chinna Pullaiah fields of Cumbum Mandal of Prakasam District under Agreement No. 455/2018-19 for an amount of Rs. 4,86,017/-, vi) Desilting of Peddavagu in Konapalli Village in Bestavaripeta Mandal in Prakasam District under Agreement No. 587/2018-19 for an amount of Rs. 8,81,424/-, vii) Desilting of Peethuru Vagu near Pusalapadu Village in Besthavaripeta Mandal of Prakasam District under Agreement No. 612/2018- 19 for an amount of Rs. 9,54,030 /- and viii) Desilting of Padamati Vagu of Singarapalli Village in Bestavaripeta Mandal of Prakasam District under Agreement No. 747/2018-19 for an amount of Rs. 9,54,302/- 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 consequentially direct the respondents to release payment of above bills along with interest in the interest of justice and pass IA NO: 1 OF 2022 3 VS,J W.P.No.21571 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 release payment of approved bill amounts to the petitioner in respect of works executed by the him i.e. i) Construction of Check dam across Nallavagu near Madarupalli Village in Cumbum Mandal, Prakasam District under Agreement No. 123/2018-19 for an amount of Rs. 5,19,708/-, ii) Construction of check dam across Nallavagu near Madarupalli village in Cumbum Mandal of Prakasam District under Agreement No. 124/2018-19 for an amount of Rs. 5,18,911/-, iii) Construction of check dam across Nallavagu near Narsireddypalli village in Cumbum Mandal of Prakasam District under Agreement No. 125/2018-19 for an amount of Rs.4,86,000/-, iv) Construction of check dam across Nallavagu at Nakka Adilakshmamma field of Narisireddypalli Village Cumbum Mandal of Prakasam District under Agreement No.454/2018-19 for an amount of Rs. 6,31,823/-, v) Construction of check dam across Nallavagu in Narisireddypalli Village at Muraboina Chinna Pullaiah fields of Cumbum Mandal of Prakasam District under Agreement No. 455/2018-19 for an amount of Rs. 4,86,017/-, vi) Desilting of Peddavagu in Konapalli Village in Bestavaripeta Mandal in Prakasam District under Agreement No. 587/2018-19 for an amount of Rs. 8,81,424/-, vii) Desilting of Peethuru Vagu near Pusalapadu Village in Besthavaripeta Mandal of Prakasam District under Agreement No. 612/2018- 19 for an amount of Rs. 9,54,030/- and viii) Desilting of Padamati Vagu of Singarapalli Village in Bestavaripeta Mandal of Prakasam District under Agreement No. 747/2018-19 for an amount of Rs. 9,54,302/- 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 to grant stay of all further proceedings in pursuance of the Memo No. 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 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 Pleased to vacate the order passed in IA No. 2 of 2022 in W P No. 21571 of 2022 and to further dismiss the Writ Petition in the circumstances of the case Counsel for the Petitioner: 4 VS,J W.P.No.21571 of 2022 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 5 VS,J W.P.No.21571 of 2022 ORDER: This writ petition is 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 approved bill amounts pertaining to the works executed by the petitioner i.e. i) Construction of Check dam across Nallavagu near Madarupalli Village in Cumbum Mandal, Prakasam District under Agreement No. 123/2018-19 for an amount of Rs. 5,19,708/-, ii) Construction of check dam across Nallavagu near Madarupalli village in Cumbum Mandal of Prakasam District under Agreement No. 124/2018-19 for an amount of Rs. 5,18,911/-, iii) Construction of check dam across Nallavagu near Narsireddypalli village in Cumbum Mandal of Prakasam District under Agreement No. 125/2018-19 for an amount of Rs.4,86,000/-, iv) Construction of check dam across Nallavagu at Nakka Adilakshmamma field of Narisireddypalli Village Cumbum Mandal of Prakasam District under Agreement No.454/2018-19 for an amount of Rs. 6,31,823/-, v) Construction of check dam across Nallavagu in Narisireddypalli Village at Muraboina Chinna Pullaiah fields of Cumbum Mandal of Prakasam District under Agreement No. 455/2018-19 for an amount of Rs. 4,86,017/-, vi) Desilting of Peddavagu in Konapalli Village in Bestavaripeta Mandal in Prakasam District under Agreement No. 587/2018-19 for an amount of Rs. 8,81,424/-, vii) Desilting of Peethuru Vagu near Pusalapadu Village in Besthavaripeta Mandal of Prakasam District under Agreement No. 612/2018-19 for an amount of Rs. 9,54,030 /- and viii) Desilting of 6 VS,J W.P.No.21571 of 2022 Padamati Vagu of Singarapalli Village in Bestavaripeta Mandal of Prakasam District under Agreement No. 747/2018-19 for an amount of Rs. 9,54,302/- 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 consequentially direct the respondents to release payment of above bills along with interest ….” 2. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents. 3. At the time of hearing, Mr.Ch.P.Kumar, learned counsel representing Mr.Kambhampati Ramesh Babu, learned counsel for the petitioner stated that, pending the writ petition, the respondents have paid the amounts due to the petitioner. Therefore, requested this Court to close the writ petition. 4. Recording the above submission made by the learned counsel for the petitioner, the Writ Petition is closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 24.09.2025 KGR