Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 56729 (AP)

JAGARLAMUDI VENKATA SUBBAMMA v. THE STATE OF ANDHRA PRADESH

WP/7962/2022 · 2025-10-13

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010128662022 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: 7962/2022 Between: 1. JAGARLAMUDI VENKATA SUBBAMMA, W/O. PEDDA LAKSHMAIAH AGED 65 YEARS, R/O. AMMANIGUDIPADU VILLAGE YERRAGONDAPALEMMANDAL, PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE SECRETARY TO THE GOVERNMENT OF ANDHRA PRADESH, WATER RESOURCES (CADA) DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 4. THE DIRECTOR OF WORKS AND ACCOUNTS, GOVERNMENT OF ANDHRA PRADESH, FINANCE DEPARTMENT ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA 5. THE ENGINEER INCHIEF, IRRIGATION AND CAD DEPARTMENT VIJAYAWADA, KRISHNA DISTRICT. 6. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE 7. THE PAY AND ACCOUNTS OFFICER, GUNTUR, GUNTUR DISTRICT 2 8. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE ONGOLE, PRAKASAM DISTRICT. 9. THE EXECUTIVE ENGINEER, IRRIGATION SPECIAL DIVISION MARKAPURAM, PRAKASAM DISTRICT. 10. THE DEPUTY EXECUTIVE ENGINEER, SPECIAL SUB DIVISION (WRD) YERRAGONDAPALEM, PRAKASAM 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 tomay be pleased to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring 1) the Memo No. ICD01/1434/ CADA/2021- 1 dated 28.10.2021 issued by the 3rdrespondent and consequential action of the respondents in resorting to proceed for verification and inspection of works which were already inspected by the Quality Control Department and approved for payment of bills that too after expiry of defect liability period and ii) the action of the respondents in not paying the approved bill amount to the petitioner in respect of works executed by the petitioner under Agreement No. 684/2017-18 dated 31.03.2018 as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitution of India and consequently set aside the Memo No. ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent and direct the respondents to pay the approve bill amount along with interest to the petitioner forthwith in the interest of justice and to pass such 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 may be pleased to DIRECT the respondents to release payment of approved bill amount to the petitioner in respect of works executed by the petitioner under Agreement No. 684/2017-18 dated 31.03.2018 pending disposal of the above Writ Petition and pass such 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 may be pleased to grant stay of all further proceedings in pursuance of the Memo No. ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd 3 respondent pending disposal of the above writ petition in the interest of justice and pass such IA NO: 3 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 grant permission to amend the description of 7th respondent in the Affidavit filed in support of the above writ petition, in Writ Petition, in I.A. No. 1 of 2022 and in I.A. No. 2 of 2022 as "The Pay and Accounts Officer, Ongle, Prakasam District" in place of "The Pay and Accounts Officer, Guntur, Guntur District" in the interest of and pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRI AND CAD (AP) 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 an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring 1) the Memo No. ICD01/1434/ CADA/2021- 1 dated 28.10.2021 issued by the 3rdrespondent and consequential action of the respondents in resorting to proceed for verification and inspection of works which were already inspected by the Quality Control Department and approved for payment of bills that too after expiry of defect liability period and ii) the action of the respondents in not paying the approved bill amount to the petitioner in respect of works executed by the petitioner under Agreement No. 684/2017-18 dated 31.03.2018 as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitution of India and consequently set aside the Memo No. ICD01/1434/CADA/2021-1 dated 28.10.2021 issued by the 3rd respondent and direct the respondents to pay the approve bill amount along with interest to the petitioner forthwith in the interest of justice and to pass such….” 2. Today, when the writ petition came up for hearing Ms. Ch. S.N. Meena Kumari, learned counsel representing Sri. Kambhampati 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. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date:14.10.2025. Gss