Extracted from the PDF above. The PDF is authoritative.
APHC010107902022
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: 6429/2022 Between:
1. KOTA SUBBAREDDY, S/O. KOTA MALA KONDA REDDY, AGED ABOUT 51 YEARS, R/O. H.NO.1059, CHAMADALA VILLAGE, CHAMADALA VILLAGE, JALADANKI MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, A.P.
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 238. 2. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, A.P.
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 238. 3. THE DIRECTOR OF WORKS AND ACCOUNTS, 3RD FLOOR, C- BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT- 521456. 4. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 5. THE EXECUTIVE ENGINEER, S.P DIVIVISION NO.2,NELLORE, SPSR NELLORE DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, S.P.SUB-DIVISION,
BITRAGUNTA, . SPSR NELLORE DISTRICT. 7. THE ASSISTANT EXECUTIVE ENGINEER, BITRAGUNTA, SPSR NELLORE DISTRICT. 8. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, NELLORE, NELLORE DISTRICT. 9. THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS NELLORE, NELLORE 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 toto issue a writ, order or direction more particularly One in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of work m terms of the Agreement No. 105 DN/2017-18 dated 01.12.2017 with the Measurement Book Book) No. 2844-B, Agreement No. 106 DN/2017-18 dated 01.12.2017 with the Measurernent Book No. 2843-B, Agreement No.108 DN/2017-18 dated 01.12.2017 with the Measurement Book (M-Book) No. 4396-A, Agreement No. 22 DN/2018-19 dated 07.09.2018 with the Measurement Book (M-Book) No.2979-B, Agreement No. 28 DN/2018-19 dated 26.11.2018 with the Measurement Book (M-Book) No.2906-B, for the works executed by the petitioner with the total cot of Rs.36,84,600/- under the Neeru Chettu program, approved for payment and entered in the CFMS (Comprehensive Financial Management System), even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from being contrary to the orders of this Hon'ble Court issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreements, along with interest accrued on the said amounts from the due date till the date of payment and 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 to direct the Respondents to forthwith pay the final bill amounts payable to the Petitioner in relatio to the works executed by him under "Neeru-Chettu" Page 3 of 6 programm with the Agreement No. 105 DN/2017-18 dated 01.12.2017 with the Measurement' Book (M Book) No. 2844-B, Agreement No. 106 DN/2017-18 dated 01.12.2017 with the Measurement Book No. 2843-B, Agreement No.108 DN/2017-18 dated 01.12.2017 with the Measurement Book (M-Book) No. 4396-A, Agreer tent No. 22 DN/2018-19 dated 07.09.2018 with the Measureme t Book (M-Book) No.2979-B, Agreement No. 28 DN/2018-19 dated 26.11.2018 with the Measurement Book (M-Book) No.2 06-B, for the works executed by the petitioner with the total cost of Rs.36,84,600/- pending disposal of the
main Writ Petition and pass Counsel for the Petitioner: 1. T VENU GOPAL Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR IRRIGATION COMM AREA DEV The Court made the following:
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.6429 of 2022
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, declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of work m terms of the Agreement No. 105 DN/2017-18 dated 01.12.2017 with the Measurement Book Book) No. 2844-B, Agreement No. 106 DN/2017-18 dated 01.12.2017 with the Measurernent Book No. 2843-B, Agreement No.108 DN/2017-18 dated 01.12.2017 with the Measurement Book (M-Book) No. 4396-A, Agreement No. 22 DN/2018-19 dated 07.09.2018 with the Measurement Book (M-Book) No.2979-B, Agreement No. 28 DN/2018-19 dated 26.11.2018 with the Measurement Book (M-Book) No.2906-B, for the works executed by the petitioner with the total cot of Rs.36,84,600/- under the Neeru Chettu program, approved for payment and entered in the CFMS (Comprehensive Financial Management System), even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from being contrary to the orders of this Hon'ble Court issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreements, along with interest accrued on the said amounts from the due date till the date of payment and pass…”
2. Today when the writ petition came up for hearing, Mr. V. Anil Kumar,
learned counsel representing Mr. T. Venu Gopal, learned counsel for the petitioner has stated that as the amounts payable to the petitioner have already been paid pending the writ petition, no further orders are required in the writ petition.
3. Recording the same, the 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 :07.10.2025 TVN
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THE HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.6429 OF 2022
Date: 07.10.2025 TVN