Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 51376 (AP)

P Balli Reddy, v. The State of Andhra Pradesh,

WP/6761/2025 · 2025-10-14

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010128482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6761/2025 Between: 1. P BALLI REDDY,, PRESIDENT, WUA NO. 47, S/O. CHINNA PULLA REDDY, AGED ABOUT 53 YEARS, OCC- CONTRACTOR, R/O. PEDDA CHINTHA KUNTA VILLAGE, ALLAGADDA MANDAL, KURNOOL DISTRICT, PINCODE 518543. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIATBUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, KURNOOL, KURNOOL DISTRICT. 4. THE EXECUTIVE ENGINEER, W.R.D., K.C.CANAL DIVISION, NANDYAL, KURNOOL DISTRICT. 5. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 2 VS,J W.P.No.6761 of 2025 ...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 to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not releasing the refund of deposit amounts as Rs. 70, 318/- (WHA@7.5percent) vide M Book No.2032 ALA (A) and Rs.I 68,180/- (WHA@7.5percent) vide M Book No. 2084 NDL(A), even after completion of defect liability period, refund payable to the petitioner in relation to the work i.e., Agreement Nos. 233/2017-18, dated 09.06.2017 and 225/2017-18, 09.06.2017 is questioned, as the same is illegal, arbitrary and consequently direct the respondents refund of deposit amounts s as Rs. 70, 318/- (WHA@7.5percent) vide M Book No.2032 ALA (A) and Rs. 68,180/- (WHA@7.5percent) vide M Book No. 2084 NDL(A) with interest @24percent per annum for the delayed amount to the petitioner in respect of above- mentioned work forthwith and pass IA 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 may please to direct the respondents to release the refund of deposit amounts as Rs. 70, 318/- (WHA@7.5%) vide M Book No.2032 ALA (A) & Rs. 68,180/- (WHA@7.5%) vide M Book No. 2084 NDL(A), with interest @24% per t f annum for the delayed amount to the petitioner in respect of work i.e.., Agreement Nos. 233/2017-18, dated 09.06.2017 & 225/2017-18, 09.06.2017, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.6761 of 2025 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 declaring the action of the Respondents in not releasing the refund of deposit amounts as Rs. 70,318/- (WHA@7.5%) vide M Book No.2032 ALA (A) and Rs.68,180/- (WHA@7.5%) vide M Book No.2084 NDL(A), even after completion of defect liability period, refund payable to the petitioner in relation to the work i.e., Agreement Nos. 233/2017-18, dated 09.06.2017 and 225/2017-18, 09.06.2017 is questioned, as the same is illegal, arbitrary and consequently direct the respondents refund of deposit amounts s as Rs. 70,318/- (WHA@7.5%) vide M Book No.2032 ALA (A) and Rs.68,180/- (WHA@7.5%) vide M Book No. 2084 NDL(A) with interest @24% per annum for the delayed amount to the petitioner in respect of above-mentioned work forthwith ….” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 3. Today, when the matter came up for hearing, learned Assistant Government Pleader for Irrigation has furnished a copy of instructions of the Executive Engineer, W.R.D., K.C. Canal Division, Nandyal, vide Letter No.EE/AB/F/ 1212, dated 20.09.2025, wherein it is stated that the petitioner has executed two Neeru Chettu works in this division. The final bills for the said two works have been paid by releasing the withheld amount. However, the bills for refund of the deposit pertaining to the above two works are under process in the Nidhi Portal. 4. In view of the admitted facts, without going into the merits of the case, the writ petition is disposed of, directing the respondents to release the admitted 4 VS,J W.P.No.6761 of 2025 amount payable to the petitioner as expeditiously as possible preferably within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 15.10.2025 KGR