The Water Users Association v. The State of Andhra Pradesh
WP/25272/2021 · 2025-10-14
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53677 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53677 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010409912021
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: 25272/2021 Between:
1. THE WATER USERS ASSOCIATION, YERRAPOTHAVARAM, REP. BY ITS PRESIDENT, V. VEERA SANKARAM, S/O.DORRAYYA, AGED ABOUT 65 YEARS, OCC.CONTRACTOR, R/O. 2-146, DANGERU VILLAGE, PAMARRU MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE ENGINEER IN CHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, 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, IRRIGATION AND WATER RESOURCES DEPARTMENT, GODAVARI EASTERN DIVISION, DOWLAISWARAM, EAST GODAVARI DISTRICT. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS,
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VELAGAPUDI, AMARAVATI. 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS CHIEF SECRETARY,
GENERAL ADMINISTRATION DEPARTMENT, 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 to to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring inaction or the part of the respondents herein not releasing the bills total amount of Rs.32,03,413/- as per agrements under the grant of Neeru Chettu Programme 1) in Agremeent No.180/2018-19, dated 30.06.2018 for execution of work for reconstruction of culvert on Sivala Channel at Toorzigoclu village about worth of (Rs.5,30,186/-) with interest, 2) in Agremeent No. 164/2018-19, dated 30.06.2018 for execution of work desilting cf Dangeru channel about worth of (Rs.1,87,588/-) 3) in Agremeent No. 179/2018-19, dated 30.06.2018 for execution of work Strengthening cf eroded right and left side banks on Sivala channel at Sivala village about worth of (Rs.7,01,678/-) 4) in Agremeent No. 163/2018-19, dated 30.06.2018 for execution of work desilting of Sivala channel, about worth of (Rs.2,31,290/-) 5) in Agremeent No..
180/2017- 18, dated 29.06.2017 for execution of work Strengthining of erroded banks up to gravel path on L/S of Sivala channel in between K.M.2.000 to K.M.2.700 about worth of (Rs..3,87,077/-) 6) in Agreement No. 177/2017-18, dated 29.06.2017 for execution of work Strengthining of erroded banks up to gravel path on L/S of Sivala Channel in between K.M. 0.800 to K.M.2.000 about worth of (Rs.7,87,358/-) 7) in Agremeent No. 179/2017-18, dated 29.06.2017 for execution of work Strengthining of erroded banks up to gravel path on L/S of YP south channel in between K.M. 0.700 to K.M.1.900 about worth of (Rs.3,78,236/-) in the area of Yerrapothavaram, East Godavari District, 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.32,03,413/- with interest as per the agreements under 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 to
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direct the respondents to release and pay the total bills worth of Rs.32,03,413/- with interest as per the agreements under the grant of "Neeru Chettu" to the petitioner fo hwith, pending disposal of the above writ petition 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 extend the time limit for implementation of the interim orders dated 14-06-2022 in IA 1/2021 in WP. 25272/2021 for payment of amount for further period of four months from now onwards Counsel for the Petitioner:
1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING (AP)
2. GP FOR GENERAL ADMINISTRATION
3.
GP FOR IRRIGATION COMM AREA DEV The Court made the following:
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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 or the part of the respondents herein not releasing the bills total amount of Rs.32,03,413/- as per agrements under the grant of Neeru Chettu Programme 1) in Agremeent No.180/2018-19, dated 30.06.2018 for execution of work for reconstruction of culvert on Sivala Channel at Toorzigoclu village about worth of (Rs.5,30,186/-) with interest, 2) in Agremeent No. 164/2018-19, dated 30.06.2018 for execution of work desilting cf Dangeru channel about worth of (Rs.1,87,588/-) 3) in Agremeent No. 179/2018-19, dated 30.06.2018 for execution of work Strengthening cf eroded right and left side banks on Sivala channel at Sivala village about worth of (Rs.7,01,678/-) 4) in Agremeent No. 163/2018-19, dated 30.06.2018 for execution of work desilting of Sivala channel, about worth of (Rs.2,31,290/-) 5) in Agremeent No.. 180/2017- 18, dated 29.06.2017 for execution of work Strengthining of erroded banks up to gravel path on L/S of Sivala channel in between K.M.2.000 to K.M.2.700 about worth of (Rs..3,87,077/-) 6) in Agreement No. 177/2017-18, dated 29.06.2017 for execution of work Strengthining of erroded banks up to gravel path on L/S of Sivala Channel in between K.M. 0.800 to K.M.2.000 about worth of (Rs.7,87,358/-) 7) in Agremeent No. 179/2017-18, dated 29.06.2017 for execution of work Strengthining of erroded banks up to gravel path on L/S of YP south channel in between K.M. 0.700 to K.M.1.900 about worth of (Rs.3,78,236/-) in the area of Yerrapothavaram, East Godavari District, 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.32,03,413/- with interest as per the agreements under the grant of Neeru Chettu to the petitioner forthwith, and to pass….”
2.
When the writ petition came up for hearing on 14.06.2022, this Court has passed the following interim order:
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“…there shall be an interim direction whereby respondents are directed to clear the bills presented by the petitioner and release Rs.32,03,413/- within four weeks from today. In default, this amount shall carry interest at 9% per annum.”
3. Heard Sri. Bokka Satyanarayana learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 4. Today when the writ petition came up for hearing, learned Assistant Government Pleader has produced a copy of letter No.EE/GE.Divn./RCPM/CB/IC2/1070M, dated 14.10.2025 of the Executive Engineer, Godavari Eastern division, Ramachandrapuram wherein it was admitted that the amounts payable to the petitioner for the works executed by him under „Neeru-Chettu‟ scheme were already paid to the petitioner as per the following details:
CFMS No: Amount Gross/Net RBI Reference of payment 2023- 1031816 526735/468222 RBI0912478520461 Dated 30.03.2024 2023- 1035384 185829/167556 RBI2402342650038 Dated 28.08.2023 2023- 1036739 697087/619508 RBI0922480076418 Dated 31.03.2024 2023- 1034705 22912/2111291 RBI0912478520462 Dated 30.03.2024 2023- 1046281 383560/313252 RBI0912478520463 Dated 30.03.2024 2023- 1036418 780239/634116 RBI0922480076419 Dated 30.03.2024
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2023- 1032721 385022/288765 RBI0912478520464 Dated 30.03.2024 Total 3187593/2705548
5. In view of the fact that the petitioner was paid the aforesaid amount, this Court feels that the cause in the writ petition would not survive for further adjudication. 6. Accordingly, this writ petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date:15.10.2025. Gss