APHC010403152021 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: 24742/2021 Between: 1. THE DISTRIBUTARY COMMITTEE/WATER USERS ASSOCIATION,, KAJULURU AND GOLLAPALEM, REP. BY ITS PRESICENT, THALATAM VENKATESWARA RAO, S/O. T. CHANDRA RAO, AGED ABOUT 58 YEARS, OCC.CONTRACTOR, R/O. D.NO.1-69, KAJULURU VILLAGE, BANDALAPUDI MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP, BY IS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETAILAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE ENGINEER IN CHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAY3WADA, KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA. 4. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, DOWLAISWARAM, EAST GODAVARI DISTRICT. 5. THE EXECUTIVE ENGINEER, IRRGIATION AND WATER RESOURCES DEPARTMENT, GODAVARI EASTERN DIVISION, DOWLAISWARAM, EAST GODAVARI DISTRICT. 2 VS,J W.P.No.24742 of 2021 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS CHIEF SECRETARY, GENERAL ADMINISTRATION DEPARMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring inaction on the part of the respondents herein not releasing the bills total amount. of Rs.23,55,983/- as per agreements under the grant of 'Neeru Chettu' 1) in Agreement No. 138/2018-19, dated 30.06.2018 for execution of work for strengthening of eroded left side banks on Kongodu channel near Gcllapalem Village, about worth of (Rs.9,68,772/-) with interest, 2) in Agreement No. 181/2018-19, dated 30.06.2018 for execution of work for 'repairs to shutters of channels in between Vella lock and Manjeru lock' about worth of (Rs.4,48,778/-) with interest, 3) in Agreement No. 1651/2018-19, dated 30.06.2018 for execution of work for 'desilting of InjarElm canal D/S of Yerrapothavaram lock', about worth of (Rs.9,38,433/-) w th interest, to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements a. illegal arbitrary and violative of article 14,16,21 of constitution of India and consequentially to direct the respondents to release and pay the total bills worth of Rs.23,55,983/- with interest as per the agreements urider the grant of 'Neeru Chettu' to the petitioner forthwith, and to pass IA NO: 1 OF 2021 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 release and pay the total bills worth of Rs.23,55,983/- with interest as per the agreements under the grant of "Neeru Chettu" to the petitioner forthwith, pending disposal of the above writ petition and to pass 3 VS,J W.P.No.24742 of 2021 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 extend the time limit for implementation of the Interim Orders dated 13-06-2022 in I.A.NO.1/2021 in W.P.No.24742/2021 for payment of amount for further period of four months from now onwards and pass such other Counsel for the Petitioner: 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR GENERAL ADMINISTRATION 3. GP FOR IRRIGATION COMM AREA DEV 4 VS,J W.P.No.24742 of 2021 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, Order or direction more particularly one in the nature of Writ of Mandamus to declaring inaction on the part of the respondents herein not releasing the bills total amount of Rs.23,55,983/- as per agreements under the grant of “Neeru Chettu” 1) in Agreement No.135/2018-19 dated 30.06.2018 for execution of work for strengthening of eroded left side banks on Kongodu channel near Gcllapalem Village, about worth of Rs.9,68,772/- with interest 2) in Agreement No.181/2018- 19, dated 30.06.2018 for execution of work for “repairs to shutters of channels in between Vella lock and Manjeru lock” about worth of (Rs.4,48,778/-) with interest 3) in Agreement No.1651/2018-19 dated 30.06.2018 for execution of work for “desilting of Injaram canal D/S of Yerrapothavaram lock” about worth of (Rs.9,38,433/-) with interest, to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violative of article 14, 16, 21 of constitution of India and consequentially to direct the respondents to release and pay the total bills worth of Rs.23,55,983/- with interest as per the agreements under the grant of “Neeru Chettu” to the petitioner forthwith and to pass such other order or orders ….” 2. When the writ petition came up for admission on 13.06.2022, this Court was pleased to pass the following interim direction in I.A.No.1 of 2021: “In the circumstances, upon hearing learned counsel for the petitioner and learned Government Pleader for irrigation, having regard to the averments in the affidavit filed in support of the writ petition, finding that the measurements were taken and recorded in MBook leading to finalization of the bills, since the petitioner is not paid the amount due by respondents, there shall be an interim direction whereby respondents are directed to clear the bills presented by the petitioner and release Rs.23,55,983/- within four weeks from today. In default, this amount shall carry interest at 9% per annum.” 5 VS,J W.P.No.24742 of 2021 3. Today, when the writ petition came up for hearing, 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. As a sequel, Interlocutory Applications pending, if any, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 15.10.2025 KGR