APHC010041912022 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3007/2022 Between: 1. M/S. A.B.CONTRACTORS, M/S A.B.CONTRACTORS, REP. BY ITS PROPRIETOR AMBATI BABU RAO, S/O.A. GURUVULU, AGED ABOUT 37 YEARS, OCC PROPRIETOR, R/O.16 GUDI VENUKA VEEDI, PIDUGURALLA, GUNTUR DISTRICT, PIN CODE 522413 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF IRRIGATION, WRD, VIJAYAWADA, KRISHNA DISTRICT. 3. THE SUPERINTENDENT ENGINEER, DISTRICT NODAL OFFICER, IRRIGATION CIRCLE, GUNTUR DISTRICT. 4. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, GUNTUR 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 toFor the reasons stated in the accompanying affidavit the petitioners pray that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate wri 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: 3007/2022 M/S. A.B.CONTRACTORS, M/S A.B.CONTRACTORS, REP. BY ITS PROPRIETOR AMBATI BABU RAO, S/O.A. GURUVULU, AGED ABOUT 37 YEARS, OCC PROPRIETOR, R/O.16-550, GANGGAMMA GUDI VENUKA VEEDI, PIDUGURALLA, GUNTUR DISTRICT, PIN ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE ENGINEERINCHIEF IRRIGATION, WRD, VIJAYAWADA, KRISHNA DISTRICT. THE SUPERINTENDENT ENGINEER, DISTRICT NODAL OFFICER, IRRIGATION CIRCLE, GUNTUR DISTRICT. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, GUNTUR ...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 toFor the reasons stated in the accompanying affidavit the petitioners pray that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction challenging the action of the 3rd IN THE HIGH COURT OF ANDHRA PRADESH [3333] TWENTY SECOND DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA M/S. A.B.CONTRACTORS, M/S A.B.CONTRACTORS, REP. BY ITS PROPRIETOR AMBATI BABU RAO, S/O.A. GURUVULU, AGED 550, GANGGAMMA GUDI VENUKA VEEDI, PIDUGURALLA, GUNTUR DISTRICT, PIN ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, THE ENGINEERINCHIEF IRRIGATION, WRD, VIJAYAWADA, THE SUPERINTENDENT ENGINEER, DISTRICT NODAL OFFICER, THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, GUNTUR ...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 toFor the reasons stated in the accompanying affidavit the petitioners pray that this Hon'ble Court may be pleased to issue a writ of mandamus or t or direction challenging the action of the 3rd 2 VS,J W.P.No.3007 of 2022 Respondent in issuing the impugned Letter No.SE/ IC/GNT/DB/ATO/1423, dated 10.11.2021 vide Memo No. ICD01/1434/CADA/2021-1, dated 28.10.2021 for verification and quality checks for the works which have been verified by the inspecting teams after expiry of the defect liability period is questioned, as the same is illegal, arbitrary, unconstitutional, against the principle of Natural Justice and violation of the GO.Ms.No. 94 and Contract Agreement conditions and consequently set aside the impugned Letter No.SE/IC/GNT/DB/ATO/ 1423, dated 10.11.2021 vide Memo No. ICD01/1434/CADA/2021-1, dated 28.10.2021 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 For the reasons stated in the affidavit filed in the support of main Writ Petition, the petitioners pray that this Hon'ble Court may please to stay all further proceedings pursuant to the impugned Letter No.SE/IC/GNT/DB/ATO/ 1423, dated 10.11.2021 vide Memo No. ICD01/1434/CADA/2021-1, dated 28.10.2021, pending disposal of the Writ Petition and pass such other order or orders as this Hon'ble Court may deem fit and property in the circumstances of the case. Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 3 VS,J W.P.No.3007 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 challenging the action of the 3rd Respondent in issuing the impugned Letter No.SE/IC/GNT/DB/ATO/1423, dated 10.11.2021 vide Memo No.ICD01/1434/CADA/2021-1 dated 28.10.2021 for verification and quality checks for the works which have been verified by the inspecting teams after expiry of the defect liability period is questioned, as the same is illegal, arbitrary, unconstitutional, against the principle of Natural Justice and violation of the G.O.Ms.No.94 and Contract Agreement conditions and consequently set aside the impugned Letter No.SE/IC/GNT/DB/ATO/1423 dated 10.11.2021 vide Memo No.ICD01/1434/CADA/2021-1 dated 28.10.2021 and to pass such other order or orders ….” 2. When the writ petition came up for admission on 07.02.2022, this Court was pleased to pass the following interim direction: “Accordingly, there shall be a direction to the respondents not to apply the provisions of memo bearing No.ICDO1/1434/CADA/2021-1, dated 28.10.2021, for a period of three weeks.” 3. Today, when the writ petition came up for hearing, Ms. M.Sumalatha, learned counsel representing Mr. Bathala Ramesh, 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.3007 of 2022 As a sequel, Interlocutory Applications pending, if any, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 22.09.2025 MDP