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2025 DAILYLAW 57006 (AP)

CHALAMALASETTI VEERA VENKATA SIVA KUMAR v. THE STATE OF ANDHRA PRADESH

WP/22609/2025 · 2025-10-28

V Sujatha

body2025

Judgment text

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APHC010443962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22609/2025 Between: 1. CHALAMALASETTI VEERA VENKATA SIVA KUMAR, S/O. SITARAMA SWAMY AGED ABOUT 48 YEAR, OCC CONTRACTOR, R/O. D.NO. 6-5, MAIN ROAD, KANUMOLU, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR IRRIGATION WING, VIJAYAWADA, N.T.R. DISTRICT. 3. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, N.T.R. DISTRICT. 2 VS,J W.P.NO.22609 OF 2025 4. THE SUPERINTENDING ENGINEER, SUPERINTENDING ENGINEER IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, VIJAYAWADA, N.T.R. DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, K.E.DIVISION , VIJAYAWADA, N.T.R. DISTRICT. 6. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA. 7. THE PAY AND ACCOUNTS OFFICER, SURYAPETA, NEAR ANDHRA HOSPITAL, VIJAYAWADA, N.T.R DISTRICT. 8. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bills amount worth of an total amount of Rs.5,92,276/- i.e.,1) Amount Rs.2,95,229/-, Agreement No.67/2024-25, dated 31.01.2025,M.Book No.7156, 2) Amount Rs.2,97,047/-, Agreement No.68/2024-25, dated 31.01.2025, M.Book No.7157, with interest of execution of completion of Irrigation works under Irrigation Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violative of Articles 14, 16 3 VS,J W.P.NO.22609 OF 2025 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.5,92,276/- with interest for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass IA NO: 1 OF 2025 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 release the Final Bill amount of Rs.5,92,276/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.22609 OF 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bills amount worth of an total amount of Rs.5,92,276/- i.e.,1) Amount Rs.2,95,229/-, Agreement No.67/2024-25, dated 31.01.2025,M.Book No.7156, 2) Amount Rs.2,97,047/-, Agreement No.68/2024-25, dated 31.01.2025, M.Book No.7157, with interest of execution of completion of Irrigation works under Irrigation Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.5,92,276/- with interest for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith …” 2. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents. 3. At the time of hearing, 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. 4. Recording the same, this Writ Petition is closed. No costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA 29.10.2025 LSP 5 VS,J W.P.NO.22609 OF 2025 175 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22609/2025 29.10.2025 LSP