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High Court of Andhra Pradesh · body

2025 DAILYLAW 56034 (AP)

Ch.Ramesh, v. The State of Andhra Pradesh

WP/7399/2022 · 2025-10-06

V Sujatha

body2025

Judgment text

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APHC010122932022 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: 7399/2022 Between: 1. CH.RAMESH,, S/O PENCHALAIAH, AGED ABOUT 45 YEARS, OCC- AGRICULTURE, CONVENER, J.B.M.V. COMMITTEE, VAVILERU, R/O VAVILERU (VIL), CHEJARLA MANDAL, S.P.S.R. NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 3. THE DIRECTOR OF WORKS AND ACCOUNTS, 3RD FLOOR, C- BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT-521456. 4. THE DISTRICT COLLECTOR, NELLORE, S.P.S.R.NELLORE DISTRICT 5. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, NELLORE, S.P.S.R.NELLORE DISTRICT 2 VS,J W.P.No.7399 of 2022 6. THE EXECUTIVE ENGINEER, WRD, IRRIGATION DIVISION, ATMAKUR, S.P.S.R.NELLORE DISTRICT. 7. THE ASSISTANT PAY AND ACCOUNTS OFFICERI, WORKS AND PROJECTS, SOMASILA PROJECT, NELLORE, S.P.S.R.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 topleased 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 amount admittedly due to the Petitioner despite successful completion of work in terms of Agreement No- 213DN/2018-19, Dated-31-12- 2018, with the Measurement Book (M-Book) No.48/ATMK/F/2017-18, with the total amount spent for the said work of Rs. 7,10,089/- under the Neeru-Chettu programme 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 arbitrary, illegal, discriminatory, unjust, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, and consequently direct the Respondents to forthwith pay the approved amount payable to the Petitioner in respect of the work executed by the Petitioner under the aforesaid Agreement, along with interest accrued on the said amount from the due date till the date of payment and pass such other order or orders in the interest of justice. 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 direct the Respondents to forthwith pay the final bill amount of Rs.7,10,089/-payable to the Petitioner in relation to the work executed by the Petitioner under" Neeru-Chettu" programme with the Agreement No- 213DN/2018-19, Dated-31-12-2018, with the Measurement Book (M-Book) No.48/ATMK/F/2017-18, pending disposal of the Writ Petition and pass IA NO: 2 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 3 VS,J W.P.No.7399 of 2022 28-03-2022 in I.A.No.1/2022 in W.P.No.7399/2022 for payment of amount for further period of four months from now onwards and pass Counsel for the Petitioner: 1. CH C KRISHNA REDDY Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.No.7399 of 2022 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 7399/2022 ORDER: This writ petition is 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 amount admittedly due to the Petitioner despite successful completion of work in terms of Agreement No.213DN/2018- 19, Dated 31.12.2018, with the Measurement Book (M-Book) No.48/ATMK/F/2017-18, with the total amount spent for the said work of Rs.7,10,089/- under the “Neeru-Chettu” programme 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 arbitrary, illegal, discriminatory, unjust, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, and consequently direct the Respondents to forthwith pay the approved amount payable to the Petitioner in respect of the work executed by the Petitioner under the aforesaid Agreement, along with interest accrued on the said amount from the due date till the date of payment and pass such other order or orders…” 2. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents. 3. At the time of hearing, Mr.B.Parameswara Rao, learned counsel representing Mr.Ch.C.Krishna Reddy, learned counsel for the petitioner stated that, pending the writ petition, the respondents have paid the amounts due to the petitioner. Therefore, requested this Court to close the writ petition. 5 VS,J W.P.No.7399 of 2022 4. Recording the above submission made by the learned counsel for the petitioner, the Writ Petition is closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 07.10.2025 JLV 6 VS,J W.P.No.7399 of 2022 186 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 7399/2022 Dated 07.10.2025 JLV