Extracted from the PDF above. The PDF is authoritative.
APHC010124612025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6758/2025 Between:
1. B ESWARA REDDY, S/O B. MUTHYALA REDDY, AGE 57 YEARS, OCC CONTRACTOR, R O. D.NO. 1-91, MAMBEDU (V) (P), VEDURUKUPPAM (M), CHITTOOR DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,
AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. 3 THE DISTRICT COLLECTOR IRRIGATION WING, CHITTOOR, CHITTOOR DISTRICT. 4. THE SUPERINTENDING ENGINEER IRRIGATION WATER RESOURCE DEPARTMENT, CHITTOOR CIRCLE CHITTOOR DISTRICT. 5. THE EXECUTIVE ENGINEER, IRRIGATION WATER RESOURCE DEPARTMENT CHITTOOR DIVISION, CHITTOOR DISTRICT. ...RESPONDENT(S):
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VS, J
W.P.6758 of 2025 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 that the action of the Respondents in not paying the total amount of Rs. 8,47,506 i.e, i) for the interest amount of Rs.5,32,527 for the delayed payment for execution of the works in Vedurukuppam Mandal, Chittoor District to the petitioner is arbitrary, illegal and consequently direct the respondents to pay the interest amount for i.e., 1) 1825 days 2) 1871 days delay at 6 percent per annum as the Hon'ble High Court orders in W.A.No.724 of 2021 and batch Dated12.10.2023 to the petitioner for the execution of the above said (2) works on the admitted bill amount from the date when the bills were submitted by the petitioner for payment till the date of final payment and also not paying the amount of EMD plus FSD (along with Interest) of Rs.
3,14,979/- for the delayed payment for execution of works (1) vide Agreement No. 969 DN 2017-18, (2) vide Agreement No. 568-2017-18, (3) vide Agreement No. 43 DN 2017-19 and (4) vide Agreement No. 42 DN 2017-18 to the petitioner for the execution of the above said (4) works and to pay the interest amount for i.e., 1) 654 days, 2) 608 days, 3) 2254 and 4) 2254 days delay 6 percent per annum as per the Hon'ble High Court orders in W.A.No.724 of 2021 and batch Dated 12.10.2023 to the petitioner on the admitted bill amount from the date when the bills were submitted by the petitioner for payment till the date of finalpayment and 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 pay the total amount of Rs. 8,47,506/- i.e, i) for interest amount of Rs.5,32,527/- to the Petitioner @ 6% per annum for the execution of the works and amount of Rs. 3,14,979/- EMD + FSD (along with interest)to the petitioner for the delay days i.e., 11) 1825 days & 2) 1871 days delay for (2 works) @ 6% per annum and to pay the interest amount for 1) 654 days, 2) 608 days, 3) 2254 and 4) 2254 days delay for (4 works) @ 6% per annum as per the orders of Hon'ble High Court in W.A.No. 724 of 2021 and batch Dated:12.10.2023 to the petitioner and pass Counsel for the Petitioner:
1. S VARADARAJULU CHETTY
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VS, J
W.P.6758 of 2025 Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR IRRIGATION COMM AREA DEV The Court made the following:
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VS, J
W.P.6758 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondents in not paying the total amount of Rs.
8,47,506/- i.e, i) for the interest amount of Rs.5,32,527/- for the delayed payment for execution of the works in Vedurukuppam Mandal, Chittoor District to the petitioner is arbitrary, illegal and consequently direct the respondents to pay the interest amount for i.e., 1) 1825 days 2) 1871 days delay at 6 percent per annum as the Hon'ble High Court orders in W.A.No.724 of 2021 and batch Dated12.10.2023 to the petitioner for the execution of the above said (2) works on the admitted bill amount from the date when the bills were submitted by the petitioner for payment till the date of final payment and also not paying the amount of EMD plus FSD (along with Interest) of Rs. 3,14,979/- for the delayed payment for execution of works (1) vide Agreement No. 969 DN 2017-18, (2) vide Agreement No. 568-2017- 18, (3) vide Agreement No. 43 DN 2017-19 and (4) vide Agreement No. 42 DN 2017-18 to the petitioner for the execution of the above said (4) works and to pay the interest amount for i.e., 1) 654 days, 2) 608 days, 3) 2254 and 4) 2254 days delay 6 percent per annum as per the Hon'ble High Court orders in W.A.No.724 of 2021 and batch Dated 12.10.2023 to the petitioner on the admitted bill amount from the date when the bills were submitted by the petitioner for payment till the date of final payment....”
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 3. Though the present writ petition is filed claiming interest @ 6% for delayed payment and as well as for payment of EMD + FSD, the counsel for the petitioner pressed the relief only for payment of interest. 5
VS, J
W.P.6758 of 2025
4. The issue involved in the present Writ Petition is squarely covered by the order dated 15.09.2025 passed in W.P.No.541 of 2024 by this Court, wherein it was observed as follows:
“….. 5.
In view of the same, the writ petition is disposed of in similar lines as in W.A.No.60 of 2025 directing the parties to agitate their respective claim with regard to interest and counter claim before an appropriate forum, in accordance with law. No costs.”
5. In view of the reasons stated in the aforesaid order, as the relief sought in the present writ petition is also under similar lines, and as the same is not disputed by learned counsel for the petitioner, this Writ Petition is disposed of, directing the parties to agitate their respective claim with regard to interest and counter claim before an appropriate forum, in accordance with law. There shall be no order as to costs. Registry is directed to attach the copy of the order, dated 15.09.2025 passed by this Court in W.P.No.541 of 2024 to this order. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 27.10.2025
KGR/CAB