* ^5^ ^hr, IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATJ^ 'lom (Special Original Jurisdiction) mt Co THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21114 OF 2024 Between: M/s. GEOMAP Systems Pvt Ltd, 6-3-1117/602, Maruthi Sadan Apartments, Somajiguda, Hyderabad - 5000082. Rep. by its Managing Director, Major Shiva Kiran S/o G.S. Kumar, ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary for Water Resources Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Finance and Planning Department, Secretariat Velagapudi, Amaravati, Guntur District. 3. The Director, Works AccountsAndhra Pradesh, 3rd Floor, Anjaneya Towers, Ibrahimpatnam, Krishna District. 4. The Superintending Engineer, TGP and GNSS Circle, Tirupathi, Tirupathi District. 5. The Executive Engineer, GNSS Division, Renigunta at Tirupathi, Tirupathi District. 6. The Asst. Pay and Accounts Officer, (W and P), Tirupathi, Tirupathi District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order, direction, proceedings more particularly one in the nature of Writ of Mandamus declaring the action of 4^ ihe resVondents in not paying Rs. 29,68,235/- being the withheld amount ^of 30% and FSD 2 y2 % for executing the contact work conducting DGPS survey and mapping of Sri Balaji Reservoir and Mallemadugu Reservoir and its canal for diversion of 745.50 Hectors of forest land in Karakambadi RF, Adavaram RF, Ramapuram RF, Nagulapuram V Reserve Forest in Chittoor District for alignment of bund, foreshore submersion and canals and CA lands under GNSS Phase - II project covered under agreement No. 33-SE/2015-16 dated 30.12.2015 as illegal arbitrary unjust and violative of articles 14 and 21 of the constitution of India and consequently direct the respondents to release the above sum of Rs. 29,68,235/- towards withheld amount 30% and FSD 2 Ya % at the time of payment of final bill for executing the above said above said contact work along with interest @ 18% lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to forthwith release the above sum of Rs. 29,68,235/- towards withheld amount 30% and FSD 2 14 % at the time of payment of final bill for executing the contact work conducting DGPS survey and mapping of Sri Balaji Reservoir and Mallemadugu Reservoir and its canal for diversion of 745.50 Hectors of forest land in Karakambadi RF, Adavaram RF, Ramapuram RF, Nagulapuram Reserve Forest in Chittoor District for alignment of bund, foreshore submersion and canals and CA lands under GNSS Phase - II project covered under agreement No. 33-SE/2015-16 dated 30.12.2015 from the dates of passing the final bill. Counsel for the Petitioner:SRLP SRIDHARREDDY Counsel for the Respondents: GP FOR WATER RESOURCES GP FOR FINANCE & PLANNING The Court made the following: APHC010404062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3459] 05 PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21114/2024 Between: Geomap Systems Pvt Ltd ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.PSRIDHAR REDDY Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: 2 JS,J W.P.No.2in4 of2024 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ, order, direction proceedings more particularly one in the nature of writ of mandamus declaring the action of the respondents in not paying Rs. 29,68,235/- being the withheld amount of 30% and FSD 2 % for executing the contract work “conducting DGPS survey and mapping of Sri Balaji Reservoir and Mallemadugu Reservoir and its canal for diversion of 745.50 Hectors of forest land in Karakambadi RF, Adavaram RF, Ramapuram RF, Nagulapuram Reserve Forest in Chittoor District for alignment of bund, foreshore submersion and canals and CA lands under GNSS Phase — II project” covered under agreement No.33-SE/2015-16 dated 30.12.2015 as illegal, arbitrary unjust and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release the above sum of Rs.29,68,235/- towards withheld amount 30% and FSD 2 A% at the time of payment of final bill for executing the above said contract work along with interest @ 18% p.a. to the petitioner company from the date of completion of the contract work and pass such other or further (in verbatim) orders 2. The petitioner has executed contract work vide agreement NO.33/SE/2015-16 for Rs.91,56,839/-. The respondents have released payment of part 1 and 2 bills for Rs.58,28,856/- and 3 JS,J W.P.No.21114 of2024 Rs.9,54,244/- for bill and withheld a sum of Rs.29,63,235/- towards 30% withheld amount and 2 V2 % FSD 3. The counsel for the petitioner submits that though the work completed on 13.03.2017, final bills were not released till date and the representation dated 27.07.2024 for release of withheld and FSD was amount is pending for consideration. 4. It is the further contention of the petitioner that the respondents have admitted the bills, but the same could not be released for want of fund clearance, which is nothing but illegal and arbitrary and the respondents are bound to release the amount for the work extracted from the petitioner. On the other hand, learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, on oral instructions, submitted that the bill is pending for fund clearance, and prayed to pass appropriate orders. 5. 6. In view of the submissions of learned counsel for the petitioner and learned Government Pleader for Irrigation, this Writ Petition is disposed of, with a direction to the respondents to release the withheld amount of Rs.29,68,235/- (Rupees twenty nine lakh sixty eight thousand two hundred thirty five only) to the petitioner along with interest on the said amount as per the entitlement vide the judgment of JS,J 4 W.P.No.2I114of2024 the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within a period of twelve (12) weeks from the date of receipt of a copy of the order. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand K Oj\r).' closed. SR\ ■ isTRAR OFFICE?^ assistant^ SECT\0^i //TRUE COPY// To 1. The Principal Secretary for Water Resources Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Director, Works AccountsAndhra Pradesh, 3rd Floor, Anjaneya Towers, Ibrahimpatnam, Krishna District. 4. The Superintending Engineer, TGP and GNSS Circle, Tirupathi, Tirupathi District. 5. The Executive Engineer, GNSS Division, Renigunta at Tirupathi, Tirupathi District. 6. The Asst. Pay and Accounts Officer, (W and P), Tirupathi, Tirupathi District.( 1 to 6 BY RPAD) 7. One CC to SRI. P SRIDHAR REDDY Advocate [OPUC] 8. TwoCCsto GP FOR WATER RESOURCES, High Court Of Andhra Pradesh. [OUT] 9. TwoCCsto GP FOR FINANCE & PLANNING, High Court Of Andhra Pradesh. [OUT] Three CD Copies 10. KSR I HIGH COURT DATED:24/04/2025 ORDER WP.No.21114 of 2024 DISPOSING THE WRIT PETITION WITHOUT COSTS /'