APHC010480592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^ (Special Original Jurisdiction) FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA” WRIT PETITION NO: 25166 OF 2025 > Between: Mannepalli Venu Gopala Naidu, S/o. Gunnama Naidu Cultivation R/o. East Street, Kondapuram Village Vakadu Mandal, Tirupati District. Age 70 years, Occ- ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Water Resources Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director General and E.O. PrI. Secy, to Govt. (Vigilance and Enforcement) 2 Vijayawada, NTR District 3. The District Collector, Tirupathi District, Tirupathi 4. The Executive Engineer, Water Resources Department Division, Gudur, Tirupathi District 5. The Deputy Executive Engineer, Irrigation Vakadu Mandal, Tirupathi District 6. The Assistant Executive Engineer, WR Section Mandal, Tirupathi District 7. The Deputy Executive Engineer, TGP Quality Control Nellore nd and 3rd Floors, NTR Administrative Block PNBS Nellore South Sub-Division, Vakadu Vakadu, Vakadu Sub-Division, 8. The Assistant Executive Engineer, TGP Quality Control Division, Nellore 9. M/s Sri Ayyappah Constructions Mandal, Tirupathi District Rep by its Proprietor Linga Reddy Hare Reddy Anepudi (V and P) Doravarisatram Rami f ...RESPONDENTS Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, pleased to issue an order, writ direction. Writ of MANDAMUS declaring the inaction of the of India praying that in the the High Court may be more particularly one in the nature of Respondent Nos. 2 and 3 in conducting enquiry and taking appropriate action against Respondent Nos. 4 to 9 for the substandard and defective works executed by the 9th respondent in pursuance to the representation respondent dated 18.06.2025 and in collusion with Respondent Nos. 4 to 8 i submitted by the petitioner to the 2nd appeal submitted by the petitioner to the 3rd respect of the works respondent dated 19.05.2025 in viz. i) Agreement No. 114 DN/FDR/2024-25 dated 12.09.2024 ii) Agreement No. 115 DN/FDR/2024-25 dated 12.09.2024 DN/FDR/2024-25 dated 12.09,2024 iv) Agreement No.117 DN/FDR/2024-25 dated 12.09.2024 and v) Agreement No, 118 ill) Agreement No. 116 DN/FDR/2024-25 dated 12.09.2024 9th respondent executed by 4'*^ respondent in favor of the as illegal, arbitrary, irresponsible, mala fide, principles of natural justice, contrary to law Articles 14, 21 and 300A of the Constitution against the apart from being violative of of India and consequently direct the respondents 2 and 3 to conduct enquiry and take appropriate action against Respondent Nos. 4 to 9 for the substandard and defective works respondent in collusion with Respondent Nos executed by the 9 • 4 to 8, in pursuance to the including withholding or recovery of payments, representation submitted by the petitioner to the 2 ~ respondent dated 18,06.2025 and appeal submitted by the petitioner to the 3'" respondent dated 19.05.2025 in the interests of justice. nd LA NO: 1 OF ?n9f; Petition under Section 151 CPC in the affidavit filed i direct the respondents praying that in the circumstances stated in support of the petition, the High Court may be pleased to not to process or release the bill amounts pertaining 114 DN/FDR/2024-25 dated 12.09 2024' Agreement No. 115 DN/FDR/2024-25 dated No. 116 DN/FDR/2024-25 to the works viz. i) Agreement No. ii) 12.09.2024 ill) Agreement 12.09.2024 iv) Agreement dated DN/FDR/2024-25 dated 12.09.2024 25 dated No.117 and V) Agreement No.118 DN/FDR/2024- 12.09.2024 executed by 4th respondent respondent pending disposal of the justice in favor of the 9*^ above writ petition in the interests of Counsel for the Petitioner: SRI KAMBHAMPATI Counsel for the Respondent Nos. Counsel for the Respondent No.2: Counsel for the Respondent No.3; Counsel for the Respondent No.9:. The Court made the following RAMESH BABU 1, 4 to 8:GP FOR |RR| AND CAD GP FOR HOME GP FOR REVENUE ' APHC010480592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3333] \ FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25166/2025 Between: S/0. GUNNAMA NAIDU AGE R/O. EAST STREET, 1.MANNEPALLI VENU GOPALA NAIDU, 70 YEARS, OCC- CULTIVATION KONDAPURAM VILLAGE VAKADU MANDAL. TIRUPATI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY TO GOVERNMENT, WATER DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL AND E O PRI SECY TO GOVT, (VIGILANCE AND ENFORCEMENT) 2ND AND 3RD FLOORS, NTR ADMINISTRATIVE BLOCK PNBS VIJAYAWADA, NTR DISTRICT 3.THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT, TIRUPATHI 4.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT NELLORE SOUTH DIVISION, GUDUR, TIRUPATHI DISTRICT 5.THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, VAKADU VAKADU MANDAL, TIRUPATHI DISTRICT 6.THE ASSISTANT EXECUTIVE ENGINEER, WR SECTION VAKADU, VAKADU MANDAL, TIRUPATHI DISTRICT 7.THE DEPUTY EXECUTIVE ENGINEER, TGP QUALITY CONTROL SUB-DIVISION, NELLORE PRINCIPAL RESOURCES AMARAVATl, 2 ""sS' 9. M/S SRI AYYAPPAH CONSTRUCTIONS, DORAVARISATRAM MANDAL, TIRUPATHI PROPRIETOR LINGA REDDY HARE RAMI ANEPUDI (V AND P) DISTRICT REP BY ITS REDDY ...RESPONDENT{S): Petition under Article 226 of the Constitution of India praying that in the circumstances staled in the affidavit filed therewith, the High Court may be pleased topleased to issue an order, writ direction, more particularly one in e nature of Writ of MANDAMUS declaring the inaction of the Respondent NOS. 2 and 3 in conducting enquiry and taking appropriate action Respondent Nos. 4 to 9 for the substandard and defective works executed by e 9th respondent in collusion with Respondent Nos. 4 to 8 in pursuance to ffi^fi 'he petitioner to the 2nd respondent dated 16.06.2025 and appeal submitted by the petitioner dated 19.05.2025 i against to the 3rd respondent nM/trr^n/ono respect of the works viz. i) Agreement No. 114 R/2024-25 dated 12.09.2024 ii.) Agreement No. 115 DN/FDR/2024-25 dated 12.09.2024 iii) Agreement No. 116 DN/FDR/2024-25 dated 12.09.2024 IV) Agreement No. 117 DN/FDR/2024-25 dated 12.09.2024 and v) Agreement No. 118 DN/FDR/2024-25 dated 12.09.2024 favor of the 9th respondent executed by 4th respondent in . ^ ^ ''legal, arbitrary, irresponsible, mala fide against the principles of natural justice, contrary to law apart from being violative of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents 2 and 3 to conduct enquiry and lake appropriate action against Respondent Nos. 4 to 9 for the substandard and defective works executed by the 9th respondent in collusion with Respondent Nos. 4 to 8, including withholding or recovery of payments, in pursuance to ifrnRTnor"*a‘'°" hy the petitioner to the 2nd respondent dated 1^06.2025 and appeal submitted by the petitioner to the 3rd respondent dated 19.05.2025 in the interests of justice and to pass as lA NO: 1 OF 20?.^ Petiton under Section 151 CPC praying that in the circumstances stated iri the affidavit filed in support of the petition, the High Court may be pleased pleased to DIRECT the respondents not to process or release the bill amoun s pertaining to the works viz. I) Agreement No. 114 DN/FDR/2024-25 dated 12.09.2024: ii) Agreement No 115 DN/FDR/2024-25 dated 12 09 2024 III) Agreement No. 116 DN/FDR/2024-25 dated 12.09.2024 iv) Agreement No. 3 VS,J W.P.NO.25166 OF 2025 12.09.2024 and v) Agreement No. 118 117 DN/FDR/2024-25 dated DN/FDR/2024-25 dated 12.09.2024 executed by 4th respondent in favor of the 9th respondent pending disposal of the above writ petition in the interests of justice and pass Counsel for the Petitioner: 1.KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.GP FOR IRRI AND CAD The Court made the following: 4 VS,J W.P.NO.25166 OF2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue an order, writ direction, more particularly one In the nature of Writ of MANDAMUS declaring the inaction of the Respondent Nos. 2 & 3 in conducting enquiry and taking appropriate action against Respondent Nos. 4 to 9 for the substandard and defective works executed by the 9'" respondent in collusion with Respondent Nos. 4 to 8 in pursuance to the representation submitted by the petitioner to the 2^^ respondent dated 18.06.2025 and appeal submitted by the petitioner to the 3'"' respondent dated 19.05.2025 in respect of the works viz. i) Agreement No. 114 DN/FDR/2024-25 dated 12.09.2024 ii) Agreement No. DN/FDR/2024-25 dated 12.09.2024 Hi) Agreement No. DN/FDR/2024-25 dated 12.09.2024 iv) Agreement No. DN/FDR/2024-25 dated 12.09.2024 and v) Agreement No. DN/FDR/2024-25 dated 12.09.2024 executed by 4‘^ respondent in favor of the 9"’ respondent as illegal, arbitrary, irresponsible, mala fide, against the principles of natural justice, contrary to law apart from being violative of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents 2 & 3 to conduct enquiry and take appropriate action against Respondent Nos. 4 to 9 for the substandard and defective works executed by the 9th respondent In collusion with Respondent Nos. 4 to 8, including withholding or recovery of payments, in pursuance to the representation submitted by the petitioner to the 2"^ respondent dated 18.06.2025 and appeal submitted by the petitioner to the 3rd respondent dated 19.05.2025 in the interests ofjustice and to pass....” Heard learned counsel for the petitioner and learned Assistant 115 116 117 118 2. Government Pleader for Irrigation. The petitioner is a farmer owning agricultural lands situated in Ay.No.244 (Ac.7.50 cents), Sy.No.250 (Ac.3-75 cent)s, and Sy.No.231- 2(AC.5-60 cents) in Kondapuram Village. Vakadu Mandal, Tirupati District, located near breaches in the Royyala Kaluva Flood Bank. Floods in 2015 caused significant crop and property losses in the area'. Basing on frequent 3. 5 $ requests from the petitioner and Collector) W.P.NO.25166OF2025 respondent (District other farmers, the S'"* granted Administrative No. RC/D3/DB/TO/FDR-12-2023/IC Sanctions vide proceedings for five in December 2023. Water Resources dated 18.07,2024 calling respondent (M/s. Sri Ayyappah and the 4th -WRD/07, dated 19.12.2023 works for the flood bank breaches i - temporary restoration Subsequently, the Department) issued for tenders for the Constructions) successfully bid executed four Column No. 3 of homogeneous embankment using soil sourced from located 1 to 5 km stability. 4"’ respondent (Executive Engineer, a tender Notice No. 02/2024-25 said works. The 9*'" for all five works. respondent agreements with them accordingly. The agreements work involves specify, in Schedule-A, that the constructing a an approved borrow area to ensure quality and away, following appropriate soil testing 4. However, contrary to these terms and quality standards, work using sandy soil taken the 9 respondent executed the Royyala Kaluva directly from the This soil is unsuitable for canal adjacent to the breaches, breach repairs as it lacks the cohesion floods. Such substandard and stability necessary to withstand work poses a serious risk of the breaches recurring flooding of submergence of during the upcoming monsoon or heavy rains, threatening owned by the petitioner and agricultural lands including those nearby villages, resulting i livelihoods. The _ in potential irreparable losses to petitioner’s lands lie crops, property, and downstream of the breaches covered under Agreement Nos. 114 DN/FDR/2024-25 and 115DN/FDR/2024-25 dated 6 VS,J W.P.N0.25166 0F 2025 12.09.2024. It is further submitted that the substandard execution of the 9^^ respondent was carried out with the knowledge and collusion of Respondent Nos. 4 to 8, Government officials responsible for supervision, inspection, and quality control. Despite clear violations. Respondent Nos.5 and 6 did not object during the execution, while Respondent Nos.7 and 8 issued Quality Control Certificates falsely stating that the work was satisfactory based on field tests, without conducting proper inspections. The 4"^ respondent submitted bills for payment under CFMS ID Nos. 2025-508618, 2025-510360, 2025-510778, 2025-522480, and 2025-511026, misrepresenting that the work was completed as per contract terms. 5. Aggrieved by these irregularities, which endanger public and personal interests, the petitioner made oral representations to Respondent Nos.4 to 6 but no action was taken. Subsequently, a detailed representation dated 18.06.2025 was submitted to the 2'’^ respondent, highlighting the substandard work, collusion, and requesting an enquiry by the Vigilance Department or CID, withholding of payments, and action against the responsible officials and contractor. Additionally, the petitioner filed an appeal dated 19.05.2025 to the 3rd respondent, seeking a departmental enquiry and necessaryintervention. As the petitioner has preferred an appeal before the 3"^^ respondent/the Collector on 19.05.2025, seeking the same relief in the present writ petition, and calling for a detailed enquiry against the respondent Nos.4 to 9, either by 6. the C.I.D. or Vigilance Department, with regard to the defects of the works done by them. In appropriate to dispose of respondents/appellate authority pass appropriate orders spite of going into the mpritc W.P.NO.25166 OF2025 merits of the case, this Court feels it the writ petition by directing to complete the expeditiously as possible, the date of the age of the priority and decide the matter nd the 2 and 3 enquiry in the appeal and as preferably within a receipt of a copy of this order. period of three (03) months from Taking into consideration directed to give due ori petitioner, the appellate authority is accordingly. Accordingly, the writ petition is disposed of. No costs. Consequently. Miscellaneous Petition shall stand closed. Petitions, if any, pending in this Writ Sd/- SRI T SRINIVASA RAO assistant registrar //true copy// 0 SECTION OFFICER To. T The Principal Secretary State of Andhra Pradesh, District. to Government, Water Resources Secretariat, Velagapudi, Amaravati and E.O, Pri. Secy, to Govt. (Vigilanoe Floors, NTR Administrative Department, , Guntur 2. The Director General Enforcement) 2^^ Vijayawada, NTR District 3. The District Collector, and and 3 Block PNBS Tirupathi District, Tirupathi 5. The Deputy Executive Vakadu Mandal Nellore South Engineer, Irrigation Sub-Division, Vakadu Tirupathi District 6. The Assistant Mandal, Tirupathi District 7. The Deputy Executive Nellore Executive Engineer, WR Section Vakadu, Vakadu Engineer, TGP Quality Control Sub-Division, 8. The Assistant Executive Engineer, TGP Quality Control Division, Nellore 9. One CC to Sri Kambhampati Ramesh Babu, Advocate [OPUC] 10. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 12.TwoCCsto GP for Irrigation and CAD High Court of Andhra Pradesh [OUT] 13. Two CD Copies. ssb HIGH COURT DATED;19/09/2025 ORDER WP No. 25166 OF 2025 ■^"4- VA',; OV'-' rn £ 1A nn 2025 to ★ DISPOSING Of the W.P WITHOUT COSTS