1 APHC010138222022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8539/2022 Between: 1. THE PRESIDENT WUA, KOTHA VAVVERU KALAVA, KODAVALUR MANDAL, SPSR NELLORE DISTRICT, REP. BY ITS PRESIDENT CH BUJJAIAH, S/O. MALAKONDIAH, AGED ABOUT 71 YEARS, OCC. CONTRACTOR, R/ O. KOTTHAVANGALLU, SPSR NELLORE DISTRICT, PINCODE. 524312. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, W.R.D., NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 5. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 2 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of net balance amount Rs.3,79,301/- vide CFMS number 2019- 279950, Rs.5,80,192/- vide CFMS number 2019-279949 and Rs.5,42,516 vide CFMS number 2019-279382, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1).Removal of Water Hyacinth and Shoals in the canal bed of New Vavveru Channel and its Branch Channels in Buchireddy palem Mandal, vide Agreement No.415 DN/NC/2018-19, dated 26.09.2018, 2).Construction of Culverts to Palavagu channel L/S Bank near Petersonpet village in Dagadarthi Mandal, vide Agreement No.477 DN/NC/2018-19, dated 28.09.2018 and 3).Re-Construction of Pipe Culvert on 5th Branch Channel of New Vovveru Channel near Peddaputhedu Village Limits in Dagadarthi (M) of SPSR Nellore Dt., Vide Agreement No.478 DN/NC/2018-19, dated 28.09.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.3,79,301/- vide CFMS number 2019-279950, Rs.5,80,192/- vide CFMS number 2019-279949 and Rs.5,42,516 vide CFMS number 2019- 279382 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 please to direct the respondents to consider for payment of amount of Rs.3,79,301/- vide CFMS number 2019-279950, Rs.5,80,192/- vide CFMS number 2019-279949 and Rs.5,42,516 vide CFMS number 2019-279382 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1).Removal of Water Hyacinth and Shoals in the canal bed of New Vavveru Channel and its Branch Channels in Buchireddy palem Mandal, vide Agreement No.415 DN/NC/2018-19, dated 26.09.2018, 2).Construction of Culverts to Palavagu channel L/S Bank near Petersonpet village in Dagadarthi Mandal, vide Agreement No.477 DN/NC/2018-19, dated 28.09.2018 and 3).Re-Construction of Pipe Culvert on 5th Branch Channel of New Vovveru Channel ni Peddaputhedu Village Limits in Dagadarthi (M) of 3 SPSR Nellore Vide Agreement No.478 DN/NC/2018-19, dated 28.09.2018, forthwith pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of net balance amount Rs.3,79,301/- vide CFMS number 2019-279950, Rs.5,80,192/- vide CFMS number 2019-279949 and Rs.5,42,516 vide CFMS number 2019-279382, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1).Removal of Water Hyacinth and Shoals in the canal bed of New Vavveru Channel and its Branch Channels in Buchireddy palem Mandal, vide Agreement No.415 DN/NC/2018-19, dated 26.09.2018, 2).Construction of Culverts to Palavagu channel L/S Bank near Petersonpet village in Dagadarthi Mandal, vide Agreement No.477 DN/NC/2018-19, dated 28.09.2018 and 3).Re-Construction of Pipe Culvert on 5th Branch Channel of New Vovveru Channel near Peddaputhedu Village Limits in Dagadarthi (M) of SPSR Nellore Dt., Vide Agreement No.478 DN/NC/2018-19, dated 28.09.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.3,79,301/- vide CFMS number 2019-279950, Rs.5,80,192/- vide CFMS number 2019-279949 and Rs.5,42,516 vide CFMS number 2019-279382 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass….” 2. Today, when the writ petition came up for hearing Ms. Maria Rani Makkena, learned counsel representing Sri. Bathala Ramesh, learned counsel for the petitioner has submitted that the amounts payable to the petitioner were already paid pending the present writ petition and that no further orders are necessary in the writ petition. 3. Recording the same, this writ petition is closed. There shall be no order as to costs. 5 As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date:14.10.2025. Gss