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High Court of Andhra Pradesh · body

2025 DAILYLAW 49126 (AP)

M/s. Water User Association (W.U.A.), v. The State of Andhra Pradesh,

WP/5746/2022 · 2025-09-23

V Sujatha

body2025

Judgment text

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APHC010095772022 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: Between: 1. M/S. WATER USER ASSOCIATION (W.U.A.),, NEDUNURU, REP. BY ITS PRESIDENT, SRI I. VENKATA RAMAYYA, S/O. SRI I. NARAYANA MURTHY, AGED ABOUT 60 YEARS, OCC 118, KAPPULA VEEDI, NEDUNURU, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, FINANCE VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA, EAST GODAVARI DISTRICT, A.P. 4. THE EXECUTIVE ENGINEER, (IRRIGATION) GODAVARI CENTRAL DIVISION, DOWLAISWARAM/ AMALAPURAM, EAST DISTRICT. 5. THE PAY AND ACCOUNT OFFICER, WORKS AND PROJECTS, KAKINADA, EAST GODAVARI DISTRICT, A.P. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5746/2022 M/S. WATER USER ASSOCIATION (W.U.A.),, NEDUNURU, REP. BY ITS PRESIDENT, SRI I. VENKATA RAMAYYA, S/O. SRI I. NARAYANA MURTHY, AGED ABOUT 60 YEARS, OCC- BUSINESS, R/O. H.NO.1 118, KAPPULA VEEDI, NEDUNURU, EAST GODAVARI DISTRICT, PRADESH. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA, EAST GODAVARI DISTRICT, A.P. THE EXECUTIVE ENGINEER, (IRRIGATION) GODAVARI CENTRAL DIVISION, DOWLAISWARAM/ AMALAPURAM, EAST THE PAY AND ACCOUNT OFFICER, WORKS AND PROJECTS, KAKINADA, EAST GODAVARI DISTRICT, A.P. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3333] TWENTY FOURTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA M/S. WATER USER ASSOCIATION (W.U.A.),, NEDUNURU, REP. BY ITS PRESIDENT, SRI I. VENKATA RAMAYYA, S/O. SRI I. NARAYANA BUSINESS, R/O. H.NO.1- 118, KAPPULA VEEDI, NEDUNURU, EAST GODAVARI DISTRICT, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARIAT, THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, THE EXECUTIVE ENGINEER, (IRRIGATION) GODAVARI CENTRAL DIVISION, DOWLAISWARAM/ AMALAPURAM, EAST GODAVARI THE PAY AND ACCOUNT OFFICER, WORKS AND PROJECTS, ...RESPONDENT(S): 2 VS,J W.P.No.5746 of 2022 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 topray that this Hon'ble Court for issuance of an appropriate Writ, Order, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payments to the petitioner to a tune of sum of 1).Rs.5,34,663/-, 2).Rs.8,24,240/- and 3).Rs.8,10,720/- towards payment of work executed under the Agreement No.108, 105 and 104 /2018-19 dated 26.04.2018 under Neeu-Chettu for 1).Construction cross regulator @KM 2.830 on Nedunuru channel 2). Protection work to eroded banks on S.Savaram side Channel @ KM0.700 to 0.900 both sides and @ KM 0.800 to 1.003) of Nedunuru village of East Godavari District, pursuant to M-Book No.147-16/17, 994-17-18 and 991- GC/17- 18, even after certifying the works in M-book with full satisfaction of authorities and even after issuing Comprehensive Financial Management System (CFMS)/token ref No.2833459-2018, 275333 - 2019, 2833167-2018, 275466-2019 and 2737012-2018 and 274879-2019, as arbitrary, illegal, discriminative, in violation of principles of natural justice, violative of the Fundamental Right guaranteed under Articles 14, 19 (1) g and 21 under Constitution of India and consequently direct the Respondents to forthwith release the payment of 1).Rs.5,34,663/-, 2).Rs.8,24,240/- and 3).Rs.8,10,720/- for the works executed by the petitioner along with interest and 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 pay the 1).Rs.5,34,663/-, 2).Rs.8,24,240/- and 3).Rs.8,10,720/- for the works executed by the petitioner under the Agreement No.108, 105 and 104 /2018-19 dated 26.04.2018 along with interest and pass Counsel for the Petitioner: 1. SRINIVAS BASAVA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR REVENUE 3. GP FOR IRRIGATION COMM AREA DEV 3 VS,J W.P.No.5746 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 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payments to the petitioner to a tune of sum of 1) Rs.5,34,663/-, 2) Rs.8,24,240/- and 3) Rs.8,10,720/- towards payment of work executed under the Agreement No.108, 105 and 104 /2018-19 dated 26.04.2018 under “Neeru-Chettu” for 1) Construction cross regulator @KM 2.830 on Nedunuru channel 2) Protection work to eroded banks on S.Savaram side Channel @KM0.700 to 0.900 both sides and @KM 0.800 to 1.003 of Nedunuru village of East Godavari District, pursuant to M-Book No.147-16/17, 994-17-18 and 991-GC/17-18, even after certifying the works in M-book with full satisfaction of authorities and even after issuing Comprehensive Financial Management System (CFMS)/token ref No.2833459-2018, 275333-2019, 2833167-2018, 275466-2019 and 2737012-2018 and 274879-2019, as arbitrary, illegal, discriminative in violation of principles of natural justice, violative of the Fundamental Right guaranteed under Articles 14, 19 (1) g and 21 under Constitution of India and consequently direct the Respondents to forthwith release the payment of 1) Rs.5,34,663/-, 2) Rs.8,24,240/- and 3) Rs.8,10,720/- for the works executed by the petitioner along with interest and to pass such other order or orders ….” 2. When the writ petition came up for admission on 08.03.2022, 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, Mr. S.Kartheek, learned counsel representing Mr. Srinivas Basava, learned counsel for the petitioner has stated that, pending writ petition, the respondent authorities have paid the amounts due to the petitioner. 4 VS,J W.P.No.5746 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: 24.09.2025 MDP