APHC010132682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10117/2025 Between: 1. CH. CHANDRASEKHAR,, S/O. KOTESWARA RAO AGED 58 YEARS, R/O. 74-12-8, PATAMATA NEW RTC COLONY, FF-8 RADHA KRISHNA RESIDENCY VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND DRAINAGE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF ENGINEER IRRIGATION DEPARTMENT, VIJAYAWADA, NTR DISTRICT. 4. THE EXECUTIVE ENGINEER, K.C. DIVISION IRRIGATION DEPARTMENT GUDIVADA, KRISHNA 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 a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying withheld amounts, GST amounts. Further 2 VS,J W.P.NO.10117 OF 2025 Security Deposit (FSD) amounts and Earnest Money Deposit (EMD) amounts by preparing final bills for the works executed by the petitioner i.e. I. O and to Removal of Weed Growth and tape grass growth on bandar canal and branches from Km 20.400 to km 35.400 in Bandar canal under Agreement No. 33/2023-24 Dated 15.09.2023 and II. OandM Such as eradication and removal of weed growth on upper pulleru canal and its branches from Km 20.400 to Km 34.900 for the year 2023-24 under Agreement No. 39/2023-24 Dated 07.11.2023 as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitution of India and consequently direct the respondents to pay the withheld amounts, GST amounts. Further Security Deposit (FSD) amounts and Earnest Money Deposit (EMD) amounts by preparing final bill in respect of the above work executed by the petitioner in the interest of justice and to pass 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 may be pleased to direct the respondents to prepare and final bill for the works executed by the petitioner i.e. 0& M - to Removal of Weed Growth and tape grass growth on bandar canal and its branches from Km 20.400 to km 35.400 in Bandar canal under Agreement No. 33/2023-24 Dated 15.09.2023,and O&M Such as eradication and removal of weed growth on upper pulleru canal and its branches from Km 20.400 to Km 34.900 for the year 2023-24 under Agreement No. 39/2023-24 Dated 07.11.2023 pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. V.N.P SAI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.NO.10117 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10117/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: <….to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying withheld amounts, GST amounts. Further Security Deposit (FSD) amounts and Earnest Money Deposit (EMD) amounts by preparing final bills for the works executed by the petitioner i.e. I. O & M to Removal of Weed Growth and tape grass growth on bandar canal and its branches from Km 20.400 to km 35.400 in Bandar canal under Agreement No.33/2023-24 Dated 15.09.2023 and II. O&M Such as eradication and removal of weed growth on upper pulleru canal and its branches from Km 20.400 to Km 34.900 for the year 2023-24 under Agreement No.39/2023-24 Dated 07.11.2023 as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitution of India and consequently direct the respondents to pay the withheld amounts, GST amounts. Further Security Deposit (FSD) amounts and Earnest Money Deposit (EMD) amounts by preparing final bill in respect of the above work executed by the petitioner in the interest of justice.= 2. The petitioner, a registered contractor, was entrusted with O & M works relating to removal of weed and tape grass growth on Bandar Canal and its branches under Agreement No.33/2023-24 dated 15.09.2023 and eradication of weed growth on Upper Pulleru Canal and its branches under Agreement No.39/2023-24 dated 07.11.2023. The petitioner completed the works within the stipulated time and in accordance with the terms of the agreements. Measurements were recorded and part bills were paid after withholding certain amounts towards GST, Further Security Deposit (FSD), NAC provision, and 4 VS,J W.P.NO.10117 OF 2025 Earnest Money Deposit (EMD). Despite completion of the works, approval of revised estimates, and expiry of the defect liability period, the respondents failed to prepare and release the final bills amounting to Rs.19,62,783/- and Rs.19,08,829/-. However, despite several requests made by the petitioner, the respondents did not take any action. Aggrieved by the inaction of the respondents in releasing the legitimate dues, the petitioner has filed the present writ petition. 3. Today, when the matter came up for hearing, the learned Assistant Government Pleader furnished a copy of the instructions of the Executive Engineer (FAC), Krishna Central Division, Vijayawada, vide Letter No.CB/SUPDT/A4/1621-M dated 23.12.2025, wherein it is admitted that the petitioner executed the works in accordance with the agreement conditions and completed the same within the stipulated time. It is further stated that check measurements were completed by the concerned authorities, quality control certificates were issued by the Q.C. authorities, and no vigilance enquiry has been initiated in respect of the petitioner’s works. It is also stated that the bills are under process and are ready to be uploaded at the divisional level and that, after receipt of LOC, the bills will be processed and uploaded on the NIDHI portal. 4. In view of the admission made by the Executive Engineer regarding execution of the works by the petitioner and the amount payable to a tune of Rs.19,62,783/-, there shall be a direction to respondent Nos.2 to 4 to clear the said amount as expeditiously as 5 VS,J W.P.NO.10117 OF 2025 possible, preferably within a period of two (02) months from the date of receipt of a copy of this order. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :23.12.2025 JLV 6 VS,J W.P.NO.10117 OF 2025 202 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10117/2025 Dt.23.12.2025 JLV