APHC010124812025 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: 6420/2025 Between: 1. P ANITHA, W/O. ANANDA REDDY, AGE 50 YEARS, OCC- CONTRACTOR, R/O. D.NO. 7-51,S. K. PALLE(V), KOMARAGUNTA (P), 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. THE DISTRICT COLLECTOR IRRIGATION WING, CHITTOOR, CHITTOOR DISTRICT. 4. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCE DEPARTMENT, CHITTOOR CIRCLE, CHITTOOR DISTRICT. 5. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCE DEPARTMENT CHITTOOR DIVISION, CHITTOOR DISTRICT. 2 VS, J W.P.6420 of 2025 ...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 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. 3,84,238/- i) for the interest amount of Rs.2,71,624/- for the delayed payment for execution of the work under (1) Restoration of Nagarivari Cheruvu near Chinna komaragunta (V) in Vedurkuppam (M) of Chittoor District with Agreement No. 399DN/2018- 19 to the petitioner is arbitrary, illegal and consequently direct the respondents to pay the interest amount for i.e., 1) 2088 days, delay @ 6percent per annum as per the Honble High Court orders in W.A.No.724 of 2021 and batch Dated 12.10.2023 to the petitioner for the execution of the above said (1) work 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 EMDplusFSD (along with Interest) of Rs. 1,12,614/- for the delayed payment for execution of work (2) Restoration of check dam across Kasimkalava Vanka near petta Komaragunta (V) in Vedurkuppam (M) of Chittoor District, vide Agreement No. 876DN/2017-18 to the petitioner for the execution of the above said work No. (2) and to pay the interest amount for i.e., 1) 2221 days, delay @ 6percent per annum as per the Honble High Court orders in W.A.No.724 of 2021 and batch Dated12.10.2023 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 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 may be pleased to direct the Respondents to pay the total amount of Rs.3,84,238/- i.e., i) for the interest amount of Rs.2,71,624/- for 2088 days, delay to the Petitioner @ 6% per annum for the execution of the works and ii) amount of Rs. 1,12,614/- EMD + FSD (along with interest) for 2221 days delay to the petitioner @ 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 3 VS, J W.P.6420 of 2025 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.6420 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. 3,84,238/- i) for the interest amount of Rs.2,71,624/- for the delayed payment for execution of the work under (1) Restoration of Nagarivari Cheruvu near Chinna komaragunta (V) in Vedurkuppam (M) of Chittoor District with Agreement No. 399DN/2018-19 to the petitioner is arbitrary, illegal and consequently direct the respondents to pay the interest amount for i.e., 1) 2088 days, delay @ 6percent per annum as per the Honble 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 (1) work 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 EMDplusFSD (along with Interest) of Rs. 1,12,614/- for the delayed payment for execution of work (2) Restoration of check dam across Kasimkalava Vanka near petta Komaragunta (V) in Vedurkuppam (M) of Chittoor District, vide Agreement No. 876DN/2017-18 to the petitioner for the execution of the above said work No. (2) and to pay the interest amount for i.e., 1) 2221 days, delay @ 6 percent per annum as per the Honble High Court orders in W.A.No.724 of 2021 and batch Dated12.10.2023 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.6420 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