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2025 DAILYLAW 50968 (AP)

GAJJALA NARAYANA REDDY v. THE STATE OF ANDHRA PRADESH

WP/20928/2025 · 2025-09-21

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010405002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER^J TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20928 OF 2025 Between; Gajjala Narayana Reddy, S/o.Shiva Sankara Reddy, Aged 48 years, R/o. 2/1B,Sunkesula, Cuddapha, Kadapa District ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Irrigation, Secretariat Building, Velagapudi, Amaravathi, Guntur. The Executive Engineer, Department of Irrigation Pulivendula, YSR Kadapa District. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance Planning Amaravathi, Guntur District. 2. G.K.L.I Division, 3. Secretariat Buildings, Velagapudi, ...Respondents 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 51,57,514/- (Fifty One Lakhs, Fifty Seven Thousand Five Hundred and Fourteen Rupees only) , even after finalizing the bills payable to the petitioner in relation to the works i.e. Arresting seepage on mallela supply canal from Km.0150 to Km.0.350(200 Mts. Length ) in Devathapuram village limits in Simhadripuram Mandal of YSR District. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent Nos.1 & 2: GP FOR IRRI AND CAD Counsel for the Respondent No.3: GP FOR FINANCE PLANNING The Court made the following order: APHC010405002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S:*S bW- [3333] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20928/2025 Between: 1.GAJJALA NARAYANA REDDY, S/0.SHIVA SANKARA REDDY , CUDDAPHA.KADAPA AGED48 YEARS,R/0. 2/1B,SUNKESULA, DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE EXECUTIVE ENGINEER, DEPARTMENT OF IRRIGATION, G.K.L.I DIVISION,PULIVENDULA, YSR KADAPA DISTRICT. 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE PLANNING, SECRETARY SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaringthe action of the Respondents in withholding the payments of pending amounts of 51,57,514/- (Fifty One Lakhs, Fifty Seven Thousand Five Hundred and Fourteen Rupees only) , even after finalizing the bills payable to the petitioner in relation to the works i.e. Arresting seepage on mallela supply canal from Rs. 2 ¥ VS.J^ W.P.No.20928 of 2025 Km.0150 to Km.0.350(200 Mts. Length ) in Devathapuram village limits in simhadripuram mandal ofYSR District and pass lA 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 Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING % 3 VS,J W.P. No. 20928 of 2025 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 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.51,57,514/- (Fifty One Lakhs Fifty Seven Thousand Five Flundred and Fourteen Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e.. Arresting seepage on mallela supply canal from Km. 0150 to Km. 0.350 (200 Mts. Length) In Devathapuram village limits in simhadripuram mandal of YSR District and to pass such other order or orders ...." 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate to a tune of Rs.45,74,469/-. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 3. 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. 4. 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 VS.J W.P. No. 20928 of 2025 On the other hand, learned Government Pleader for Irrigation, on oral instructions, states 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 certificate filed by the petitioner to a tune of Rs.45,74,469/-. 5. In view of the facts and circumstances of the case, 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 certificate dated 20.12.2023 issued by the respondents within a period of five (5) months from the date of receipt of a copy of this order. 6. 7. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any amount which is due and payable, the same is binding upon both the parties. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/-B PRASADA RAO DEPUTY REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Department of Irrigation, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Department of Irrigation, Pulivendula, YSR Kadapa District. G.K.L.I Division, 3. The Principal Secretary, State of Andhra Pradesh, Department of Finance Planning, Secretariat Buildings, Velagapudi Guntur District. 4. One CC to SRI. DEVASRI ROSHAN KANCHARLA, Advocate [OPUC] 5. Two CCs to GP FOR IRRI AND CAD, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh [OUT] 7. Two CD Copies Amaravathi, sree Jr HIGH COURT DATED:22/09/2025 ORDER WP NO. 20928 OF 2025 CCi MS L i <-S> aecuun/★ DISPOSING OF THE W.P. WITHOUT COSTS