APHC010310132022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18470/2022 Between: 1. M/S. SOMA ENTERPRISE LIMITED,, REP BY ITS GENERAL MANAGER - CUM AUTHORIZED SIGNATORY, GADDDE ANANTHA RAMULU, S/O. APPA RAO, AGED 64 YEARS, 0/0. 2, AVENUE 4, BANJARA HILLS, HYDERABAD 500034, TELANGANA STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT PRESENTLY WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE CHIEF ENGINEER, KRISHNA DELTA SYSTEM, WATER RESOURCES DEPARTMENT, VIJAYAWADA, N.T.R. DISTRICT. 3. THE DISTRICT COLLECTOR, N.T.R. DISTRICT AT VIJAYAWADA, 4. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, WATER RESOURCES DEPARTMENT, VIJAYAWADA, N.T.R. DISTRICT. 5. THE EXECUTIVE ENGINEER, PULICHINTALA PROJECT DIVISION NO. I, WATER RESOURCES DEPARTMENT, VIJAYAWADA, N.T.R. DISTRICT. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR 2 VS,J W.P.No.18470 of 2022 DISTRICT. 7. THE CHIEF EXECUTIVE OFFICER, COMPREHENSIVE MANAGEMENT SYSTEM, FINANCE DEPARTMENT, IBRAHIMPATNAM, N.T.R. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not paying withheld amounts of Rs.4,48,54,907/- such as Security Deposit 7.5 present (SD) and Earnest Money Deposit 2.5 present (EMD) payable to petitioner in spite of execution of work i.e., Construction of Pushkar Ghat on Upstream side of Prakasam Barrage at Pavitra Sangamam in Ibrahimpatnam (V) and (M) in N.T.R.District (Erst while Krishna District), pursuant to Agreement No. 24SE/2016, dated 09.08.2016 executed by the 4th respondent in favour of petitioner, as illegal, irregular, arbitrary, violative of articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay amounts due to petitioner in respect of execution of said work forthwith along with accrued interest at 18 present pa 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 pay the withheld amounts of Rs. 4,48,54,907/- such as Security Deposit 7.5% (SD) and - 2 - Earnest Money Deposit 2.5% (EMD) payable to petitioner for the execution of work i.e., "Construction of Pushkar Ghat on Upstream side of Prakasam Barrage at Pavitra Sangamam in lbrahimpatnam (V) and (M) in N.T.R.District (Erst while Krishna District), pursuant to Agreement No. 24SE/2016, dated 09.08.2016 executed by the 4th respondent in favour of petitioner, pending disposal of the main Writ Petition and pass 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 pleased to vacate the interim order dated 13-02-2024 in WP No. 18470 of 2022 and dismiss the writ Petition as there are no merits in it and pass 3 VS,J W.P.No.18470 of 2022 Counsel for the Petitioner: 1. SITA RAM CHAPARLA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.No.18470 of 2022 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18470/2022 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not paying withheld amounts of Rs.4,48,54,907/- such as Security Deposit 7.5 % (SD) and Earnest Money Deposit 2.5% (EMD) payable to petitioner in spite of execution of work i.e., Construction of Pushkar Ghat on Upstream side of Prakasam Barrage at Pavitra Sangamam in Ibrahimpatnam (V)&(M) in N.T.R District (Erst while Krishna District), pursuant to Agreement No.24SE/2016, dated 09.08.2016 executed by the 4th respondent in favour of petitioner, as illegal, irregular, arbitrary violative of articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay amounts due to petitioner in respect of execution of said work forthwith along with accrued interest at 18% pa and to pass such other order or orders…” 2. No representation for the petitioner. 3. On 13.02.2024, this Court passed the following interim order:- “Learned Government Pleader for Irrigation and Command Area Development submits that out of Rs.4,48,86,682/-, the petitioner is entitled for Rs.2,52,86,682/-only. Considering the said submissions, there shall be an interim direction, directing the Respondents to pay rest of the amount within a period of three weeks.” 4. Today when the matter came up for hearing, learned Assistant Government Pleader for Irrigation furnished a copy of the letter addressed by 5 VS,J W.P.No.18470 of 2022 the Executive Engineer, K.L.R.S.Pulichintala Project-Division No.1, Vijayawada vide letter No.EE/P.P.Divn.No.1/VJA/AB/EC.1/dated 06.10.2025, to establish that the amounts have been paid to the petitioner in pursuance of the interim orders granted by this Court on 13.02.2024. The process of payment made to the petitioner is extracted hereunder:- 5. Recording the same, the Writ Petition is closed. No costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 07.10.2025 JLV Sl. No CC No. WP No. Agreement No. Name of the Petitioner Amount in Rs Payment Ref Date of Payment 1 3232 of 2024 filed on dated 01.08.2024 18470 of 2022 filed on dated 30.06.2022 24SE/2016- 17, dated: 09.08.2016 M/s Soma Enterprise Ltd, Rep by its General Manager- cum- Authorized Signatory Gaddde Anantha Ramulu, S/o Appa Rao Goss Bill Amount Rs.2,30,22,920/-(An amount of Rs.1,95,68,225/- was recovered from the Gross amount of bill Rs.4,25,91,145/- as per recommendations of V&E department and paid the Gross bill.) RBISN 62025030 32549091 30.09.2025 6 VS,J W.P.No.18470 of 2022 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18470/2022 Dated 07.10.2025 JLV