APHC010103762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5660/2025 Between: 1. K. KRISHNA PRASAD, , S/O. K. VENKATESWARA RAO, AGED ABOUT 43 YEARS, R/O. D.NO. 15/207-19, ANANADAPETA, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, (IRRIGATION WING) KAKINADA DISTRICT. 4. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 5. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, 2 DOWLESWARAM, 7. THE EXECUTIVE ENGINEER, DRINAGE DIVISION, KAKINADA, KAKINADA DISTRICT. 8. THE DEPUTY EXECUTIVE ENGINEER, DRAINAGE SUB- DIVISION, KAKINADA, KAKINADA DISTRICT. 9. THE ASSISTANT PAY AND ACCOUNT OFFICER, KAKINADA, KAKINADA 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 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the total final bills amount worth of Rs. 46,85,575/-, 1) Amount of Rs.6,79,692/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Tulyabhaga Major drain and its minor drains between KM 24.100 to K.M 28.00 of T.B Major Drain in G.E. Delta for the year 2024-25 vide its Agreement No. 122/2024-25, Dt 10.07.2024, 2) Amount of Rs. 5,88,386/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Tulyabhaga Major drain and its minor drains between K.M 18.500 to KM 23.00 of T.B Major Drain in G.E. Delta for the year 2024-25 vide its Agreement No. 123/2024-25, Dt 10.07.2024 3) Amount of Rs.4,22,799/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from medium drains between 15.00 to 16.00 KM old TB Major Drain in G.E. Delta for the year 2024-25 vide its Agreement No. 124/2024-25, Dt 10.07.2024, 4) Amount of Rs.7,02,150/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Kurada medium drain and Ava minor drain in G.E. Delta for the year 2024-25 vide its Agreement No. 125/2024-25, Dt 10.07.2024 5) Amount of Rs.7,40,377/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Patharlagadda medium drain penuguduru, Nadakuduru, Turangi and Karapa Minor drains in G.E. Delta for the year 2024-25 vide its Agreement No. 126/2024-25, Dt 10.07.2024, 6) Amount of Rs. 3,99,917/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Raju medium drains in G.E. Delta for the year 2024-25 vide its Agreement No. 127/2024-25 Dt 10.07.2024 and 7) Amount of Rs.5,74,612/-, 3 along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Sahapuram medium drain in G.E. Delta for the year 2024-25 vide its Agreement No. 128/2024-25, Dt 10.07.2024 8) Amount of Rs.5,74,612/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Yendamuru medium drain, Venkateswarlu, Kapavaram Old course of TB and G. Vemavaram minor drains in G.E. Delta for the year 2024- 25 vide its Agreement No. 129/2024-25, Dt 10.07.2024 with interest of execution of completion of works under Water Resource Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Article 14, 16, 21 of Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 46,85,575/- for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith IA NO: 1 OF 2025 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 releasing the Final Bills of total amount worth of Rs. 46,85,575/-, for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith pending disposal of the above writ petition Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.5660 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the total final bills amount worth of Rs. 46,85,575/-, 1) Amount of Rs.6,79,692/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Tulyabhaga Major drain and its minor drains between KM 24.100 to K.M 28.00 of T.B Major Drain in G.E. Delta for the year 2024-25 vide its Agreement No. 122/2024-25, Dt 10.07.2024, 2) Amount of Rs. 5,88,386/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Tulyabhaga Major drain and its minor drains between K.M 18.500 to KM 23.00 of T.B Major Drain in G.E. Delta for the year 2024-25 vide its Agreement No. 123/2024-25, Dt 10.07.2024 3) Amount of Rs.4,22,799/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from medium drains between 15.00 to 16.00 KM old TB Major Drain in G.E. Delta for the year 2024-25 vide its Agreement No. 124/2024-25, Dt 10.07.2024, 4) Amount of Rs.7,02,150/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Kurada medium drain and Ava minor drain in G.E. Delta for the year 2024-25 vide its Agreement No. 125/2024-25, Dt 10.07.2024 5) Amount of Rs.7,40,377/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Patharlagadda medium drain penuguduru, Nadakuduru, Turangi and Karapa Minor drains in G.E. Delta for the year 2024-25 vide its Agreement No. 126/2024-25, Dt 10.07.2024, 6) Amount of Rs. 3,99,917/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Raju medium drains in G.E. Delta for the year 2024-25 vide its Agreement No. 127/2024-25 Dt 10.07.2024 and 7) Amount of Rs.5,74,612/-, along with 18percent GST for 5 the work of Annual Maintenance towards removal of weed growth from Sahapuram medium drain in G.E. Delta for the year 2024-25 vide its Agreement No. 128/2024-25, Dt 10.07.2024 8) Amount of Rs.5,74,612/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Yendamuru medium drain, Venkateswarlu, Kapavaram Old course of TB and G. Vemavaram minor drains in G.E. Delta for the year 2024- 25 vide its Agreement No. 129/2024-25, Dt 10.07.2024 with interest of execution of completion of works under Water Resource Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Article 14, 16, 21 of Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 46,85,575/- for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith….” 2. The petitioner had been awarded the contract of works under the subject scheme in Krishna District. After execution of the said contract, a final bill was prepared for a sum of Rs.46,85,575/- as per the sanctioned orders. As the payment of the said amount 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- 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 6 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 record written instructions submitted by the 7th respondent dated 11.08.2025 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. 6. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in several 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 payable to the petitioner, within a period of four (4) months from the date of receipt of a copy of this order. 7. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date : 11.08.2025. Gss