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High Court of Andhra Pradesh · body

2025 DAILYLAW 49751 (AP)

Ayacut Dar Committee, v. The State of Andhra Pradesh,

WP/8704/2022 · 2025-09-21

V Sujatha

body2025

Judgment text

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APHC010157922022 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8704/2022 Between: 1. AYACUT DAR COMMITTEE,, PAMULAPADU, KURNOOL DISTRICT, REPRESENTED BY ITS PRESIDENT, B. VENKATESWARA RAO, S/O. BUSI REDDY. AGED 53 YEARS, R/O. H. NO. 1 BHANUMUKKALA VILLAGE, PAMULAPADU MANDAL, KURNOOL DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE ENGINEERINCHIEF, IRRIGATION AND CAD DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 4. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER R KC CANAL DIVISION, NANDYAL, KURNOOL DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, KC CANAL SUB DIVISION, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8704/2022 AYACUT DAR COMMITTEE,, PAMULAPADU, KURNOOL DISTRICT, REPRESENTED BY ITS PRESIDENT, B. VENKATESWARA RAO, S/O. BUSI REDDY. AGED 53 YEARS, R/O. H. NO. 1 BHANUMUKKALA VILLAGE, PAMULAPADU MANDAL, KURNOOL ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT GAPUDI, GUNTUR DISTRICT. THE ENGINEERINCHIEF, IRRIGATION AND CAD DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, KC CANAL DIVISION, NANDYAL, KURNOOL DISTRICT. THE DEPUTY EXECUTIVE ENGINEER, KC CANAL SUB DIVISION, IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE TWENTY SECOND DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA AYACUT DAR COMMITTEE,, PAMULAPADU, KURNOOL DISTRICT, REPRESENTED BY ITS PRESIDENT, B. VENKATESWARA RAO, S/O. BUSI REDDY. AGED 53 YEARS, R/O. H. NO. 1-68, BHANUMUKKALA VILLAGE, PAMULAPADU MANDAL, KURNOOL ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT THE ENGINEERINCHIEF, IRRIGATION AND CAD DEPARTMENT, THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL ESOURCES DEPARTMENT, KC CANAL DIVISION, NANDYAL, KURNOOL DISTRICT. THE DEPUTY EXECUTIVE ENGINEER, KC CANAL SUB DIVISION, 2 VS,J W.P.No.8704 of 2022 KURNOOL, KURNOOL 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 a writ of mandamus or any other appropriate writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding the payment of amount payable to the petitioner in relation to the jungle clearance and desilting of Vagu U/s. at KM 116.650 from 2.20 km to 3.50 KM of KC Canal, under the jurisdiction of petitioner herein vide Agreement No. 50/2018-19 dated 17.04.2018 as illegal, arbitrary, in violation of Article 14 of the Constitution of India and consequently direct the respondents to pay an amount of Rs. 6,75,710/- due to the petitioner in respect of execution of afore mentioned works forthwith and to 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 take steps for paying the amount of Rs. 6,75,710/- due to the petitioner in respect of the work executed by him under Neeru Chettu Programme, pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. GINJUPALLI SUBBA RAO Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV 3 VS,J W.P.No.8704 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 a writ of mandamus or any other appropriate writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding the payment of amount payable to the petitioner in relation to the jungle clearance and desilting of Vagu U/s. at KM 116.650 from 2.20 km to 3.50 KM of KC Canal, under the jurisdiction of petitioner herein vide Agreement No.50/2018-19 dated 17.04.2018 as illegal, arbitrary, in violation of Article 14 of the Constitution of India and consequently direct the respondents to pay an amount of Rs.6,75,710/- due to the petitioner in respect of execution of afore mentioned works forthwith and to pass such other order or orders ….” 2. When the writ petition came up for admission on 07.04.2022, 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 amount 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. Ramesh Babu Tatapudi, learned counsel representing Mr. Ginjupalli Subba Rao, learned counsel for the petitioner has stated that, pending writ petition, the respondent authorities have paid the amounts due to the petitioner. 4. Recording the same, this Writ Petition is closed. There shall be no order as to costs. 4 VS,J W.P.No.8704 of 2022 As a sequel, Interlocutory Applications pending, if any, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 22.09.2025 MDP