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2025 DAILYLAW 4962 (AP)

PEETHALA SESHA RAO v. The State of Andhra Pradesh

WP/2363/2024 · 2025-08-18

V Sujatha

body2025

Judgment text

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APHC010040452024 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2363/2024 Between: 1. PEETHALA SESHA RAO, S/O. SAMBAYYA, AGED 47 YEARS, R/O. D.NO.11-44, BATTULA VARI SAVARAM (V), RAYAVARAM (M , DR. BR AMBEDKAR KONASEEMA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PLANNING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, DR. BR AMBEDKAR KONASEEMA DISTRICT. 4. THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, DR. BR AMBEDKAR KONASEEMA DISTRICT 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 tomay be pleased to issue order, writ or direction more particularly one in the nature of Writ in not releasing the final bills amount of Rs. 3,33,850/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2363/2024 PEETHALA SESHA RAO, S/O. SAMBAYYA, AGED 47 YEARS, R/O. 44, BATTULA VARI SAVARAM (V), RAYAVARAM (M , DR. BR AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES SECRETARIAT, VELAGAPUDI, GUNTUR UPERINTENDING ENGINEER, IRRIGATION CIRCLE, DR. BR AMBEDKAR KONASEEMA DISTRICT. THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, DR. BR AMBEDKAR KONASEEMA ...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 tomay be pleased to issue order, writ or direction more particularly of Mandamus declaring the action of the respondents in not releasing the final bills amount of Rs. 3,33,850/-, Rs.3,74,484/ IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE NINETEENTH DAY OF AUGUST THE HONOURABLE SMT JUSTICE V.SUJATHA PEETHALA SESHA RAO, S/O. SAMBAYYA, AGED 47 YEARS, R/O. 44, BATTULA VARI SAVARAM (V), RAYAVARAM (M , DR. ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES SECRETARIAT, VELAGAPUDI, GUNTUR UPERINTENDING ENGINEER, IRRIGATION CIRCLE, DR. BR THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, DR. BR AMBEDKAR KONASEEMA ...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 tomay be pleased to issue order, writ or direction more particularly of Mandamus declaring the action of the respondents , Rs.3,74,484/-, 2 Rs.7,54,424/ Rs.8,30,284/-, Rs.2,89,166/-, Rs.4,84,813/- and 4,78,747/- to the petitioner along with interest for the works executed in pursuance of the agreements entered into with the 4th respondent vide Agreements No. 3D/2022-23 4D/2022-23 5D/2022-23 and 6D/2022-23 dated 13.06.2022 22D/2022-23 23D/2022-23and 24D/2022-23 dated 29.06.2022 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release undisputed final bill amount of Rs. 3,33,850/-, Rs.3,74,484/-, Rs.7,54,424/- , Rs.8,30,284/-, Rs.2,89,166/-, Rs.4,84,813/- and 4,78,747/- to the petitioner along with interest forthwith and to pass such 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 Counsel for the Petitioner: 1. RAMESH BABU TALLURI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRI AND CAD (AP) The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.2363 of 2024 ORDER: The petitioner has entered into agreement with the 4th respondent under seven (7) agreements on 13.06.2022 and 29.06.2022, for executing works to remove the weed growth in distributories in Pulagurtha and Machavaram Villages in Irrigation Section, Ramachandrapuram. After execution of the said contract, respondents have also issued quality control certificates to a tune of Rs.2,96,273/-, Rs.4,24,891/-, Rs.3,32,357/-, Rs.6,12,120/-, Rs.7,40,584/-, Rs.2,55,749/- & Rs.4,30,274/-. As the payment of the said amounts have not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 2. 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. 3. 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 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. 4 4. On the other hand, learned Government Pleader, on oral instructions, submits 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, however, admitted the amount payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.2,96,273/-, Rs.4,24,891/-, Rs.3,32,357/-, Rs.6,12,120/-, Rs.7,40,584/-, Rs.2,55,749/- & Rs.4,30,274/-. 5. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various 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 to the petitioner in accordance with the quality control certificates dated 27.09.2023, 06.10.2023 & 04.12.2023 issued by the respondents within a period of two (02) months from the date of receipt of a copy of the order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 19.08.2025 MDP