APHC010149592022 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: 8204/2022 Between: 1. KESANAPALLI MALLIKARJUNA, , S/O. LINGAIAH AGE 45 YEARS, R/O. H. NO. 11-177 PRAKASAM DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE PRINCIPAL SECRETARY, , FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE SECRETARY TO THE GOVERNMENT OF ANDHRA WATER RESOURCES CADA DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 4. THE DIRECTOR OF WORKS AND ACCOUNTS, GOVERNMENT OF ANDHRA PRADESH, FINANCE DEPARTMENT ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA 5. THE ENGINEER INCHIEF, VIJAYAWADA, KRISHAN DISTRICT. 6. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE 7. THE PAY AND ACCOUNTS OFFICER, ONGOLE,PRAKASAM, 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: 8204/2022 KESANAPALLI MALLIKARJUNA, , S/O. LINGAIAH AGE 45 YEARS, 177-4 YERRAGONDAPALEM VILLAGE 86 MANDAL, PRAKASAM DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT THE PRINCIPAL SECRETARY, , FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE SECRETARY TO THE GOVERNMENT OF ANDHRA WATER RESOURCES CADA DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT THE DIRECTOR OF WORKS AND ACCOUNTS, GOVERNMENT OF ANDHRA PRADESH, FINANCE DEPARTMENT ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA THE ENGINEER INCHIEF, IRRIGATION AND CAD DEPARTMENT VIJAYAWADA, KRISHAN DISTRICT. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE THE PAY AND ACCOUNTS OFFICER, ONGOLE,PRAKASAM, IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE TWENTY SECOND DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA KESANAPALLI MALLIKARJUNA, , S/O. LINGAIAH AGE 45 YEARS, 4 YERRAGONDAPALEM VILLAGE 86 MANDAL, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT THE PRINCIPAL SECRETARY, , FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE SECRETARY TO THE GOVERNMENT OF ANDHRA PRADESH WATER RESOURCES CADA DEPARTMENT, SECRETARIAT THE DIRECTOR OF WORKS AND ACCOUNTS, GOVERNMENT OF ANDHRA PRADESH, FINANCE DEPARTMENT ANJANEYA IRRIGATION AND CAD DEPARTMENT THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE THE PAY AND ACCOUNTS OFFICER, ONGOLE,PRAKASAM, 2 VS,J W.P.No.8204 of 2022 DISTRICT, R7 CAUSE TITLE IS AMENDED AS PER C.O.DT.11/07/2022 IN IA.NO.3/2022. 8. THE SUPERINTENDING ENGINEER, , IRRIGATION CIRCLE ONGOLE, PRAKASAM DISTRICT. 9. THE EXECUTIVE ENGINEER, IRRIGATION SPECIAL DIVISION MARKAPURAM, PRAKASAM DISTRICT. 10. THE DEPUTY EXECUTIVE ENGINEER, SPECIAL SUB DIVISION WATER RESOURCE DEPT, YERRAGONDAPALEM, PRAKASAM 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 order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring i)the Memo No. ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent and consequential action of the respondents in resorting to proceed for verification and inspection of works which were already inspected by the Quality Control Department and approved for payment of bills that too after expiry of defect liability period and ii) the action of the respondents in not releasing the approved bill for an amount of Rs. 9,67,594/- to the petitioner in respect of execution of work i.e Construction of check dam across Kanigela Vagu near Gangupalli (V) in Yerragondapalem (M) Praksam District in pursuance to the Agreement No. 563/2018-19 dated 07.01.2019 as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and conseauently set aside the Memo No. ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent and direct the respondents to pay the approved bill amount along with interest to the petitioner forthwith in the interest of justice 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 release payment of approved billamount to the petitioner in respect of execution of work i.e Construction of check dam across Kanigela Vagu near Gangupalli (V) in Yerragondapalem 3 VS,J W.P.No.8204 of 2022 (M) Praksam District in pursuance to the Agreement No. 563/2018-19 dated 07.01.2019 pending disposal of the above Writ Petition and pass IA NO: 2 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 grant stay of all further proceedings in pursuance of the Memo No. ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent pending disposal of the above writ petition in the interest of justice and pass IA NO: 3 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 grant permission to amend the description of 7th respondent in the Affidavit filed in support of the above writ petition, in Writ Petition, in I.A. No. 1 of 2022 and in I.A. No. 2 of 2022 as "The Pay and Accounts Officer, Ongle, Prakasam District" in place of "The Pay and Accounts Officer, Guntur, Guntur District" in the interest of and pass IA NO: 4 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 be pleased to clarify whether the orders dated 01-04-2022 in 1.A.No.2 of 2022 in W.P.No.8204 of 2022 staying all further proceedings pursuant to Memo dated 28-10-2021 are limited to the writ petition mentioned works only or applicable to all the verification works in the State and pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV 4 VS,J W.P.No.8204 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 order, writ or direction more particularly one in the nature of Writ of Mandamus declaring i)the Memo No.ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent and consequential action of the respondents in resorting to proceed for verification and inspection of works which were already inspected by the Quality Control Department and approved for payment of bills that too after expiry of defect liability period and ii) the action of the respondents in not releasing the approved bill for an amount of Rs.9,67,594/- to the petitioner in respect of execution of work i.e., Construction of check dam across Kanigela Vagu near Gangupalli (V) in Yerragondapalem (M) Praksam District in pursuance to the Agreement No.563/2018-19 dated 07.01.2019 as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently set aside the Memo No.ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent and direct the respondents to pay the approved bill amount along with interest to the petitioner forthwith in the interest of justice and to pass such other order or orders ….” 2. When the writ petition came up for admission on 01.04.2022, 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. Ch.Prabhu Kumar, learned counsel representing Mr. Kambhampati Ramesh Babu, learned counsel for the petitioner has stated that, pending writ petition, the respondent authorities have paid the amounts due to the petitioner. 5 VS,J W.P.No.8204 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: 22.09.2025 MDP