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2025 DAILYLAW 58284 (AP)

MAYANA HAZIRA KHANAM v. THE STATE OF AP

WP/6956/2024 · 2025-10-26

V Sujatha

body2025

Judgment text

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APHC010116962024 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: 6956/2024 Between: 1. MAYANA HAZIRA KHANAM, W/O BHAKHLULLA KHAN, AGED ABOUT 37 YEARS, OCC CONTRACTOR, R/O. DOORNO.3/I0-A, KOTI STREET, CHINNAMANDEM VILLAGE AND MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, THE GOVERNMENT OF ANDHRA PRADESH, 2ND BLOCK 1ST FLOOR ROOM NO 287, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTY, ERSTWHILE YSR DISTRICT. 5. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, WRD, KADAPA DIVISION, KADAPA, YSR DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, IRRIGATION SUB DIVISION, RAYACHOTY, ANNAMAYYA DISTRICT, 2 VS,J W.P.No.6956 of 2024 ERSTWHILE YSR DISTRICT. 7. THE ASSISTANT ENGINEER, IRRIGATION SECTION, RAYACHOTY, ANNAMAYYA DISTRICT, ERSTWHILE YSR KADAPA DISTRICT. 8. THE PAY AND ACCOUNTS OFFICER, WORKS AND PROJECT, ANNAMAYYA DISTRICT, RAYACHOTY, ERSTWHILE YSR KADAPA DISTRIC ...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 to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring by the inaction on the part of the respondents in paying bills for an amount of Rs. 15,60,000/- for the works executed by the petitioner by work name (1) Restoration of Bapanakunta near Chinnamandem (V and M) of YSR District vide Agreement No.85 silt/ 2018- 19, dated 24-08- 2018 with DR No.85 /2018-19 for an amount of Rs.7,80,000/- and (2) Restoration of Yerra kunta near Chinnamandem (V and M) of YSR District vide agreement No. 136 silt / 2018-19, dated 15-10-2018 with D.R.No.136/2018-19 for an amount of Rs.7,80,000/-, as arbitrary, illegal, contrary to the settled legal position apart from being voilative of fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay an amount of Rs. 15,60,000/- for the works executed by the petitioner by work name (1)Restoration of Bapanakunta near Chinnamandem (V and M) of YSR District vide Agreement No.85 silt/ 2018-19, dated 24-08-2018 with DR No.85 /2018-19 for an amount of Rs.7,80,000/- and (2) Restoration of Yerra kunta near Chinnamandem (V and M) of YSR District vide agreement No.136 silt / 2018-19, dated 15-10-2018 with D.R.No. 136/2018-19 for an amount of Rs.7,80,000/-, and pass IA NO: 1 OF 2024 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 to direct the respondents to pay an amount of Rs. 15,60,000/- for the works executed by the petitioner by work name (1) “Restoration of Bapanakunta near Chinnamandem (V&M) of YSR District” vide Agreement No.85 silt/ 2018- 19, dated 24-08-2018 with DR No.85 /2018-19 for an amount of Rs.7,80,000/- and (2) “Restoration of Yerra kunta near Chinnamandem (V&M) of YSR 3 VS,J W.P.No.6956 of 2024 District” vide agreement No. 136 silt / 2018-19, dated 15-10-2018with D.R.No.136/2018-19 for an amount of Rs.7,80,000/-, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. SANAGA ASHOK KUMAR Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING (AP) The Court made the following: 4 VS,J W.P.No.6956 of 2024 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 nature of Writ of Mandamus declaring by the inaction on the part of the respondents in paying bills for an amount of Rs. 15,60,000/- for the works executed by the petitioner by work name (1) “Restoration of Bapanakunta near Chinnamandem (V & M) of YSR District” vide Agreement No.85 silt/ 2018- 19, dated 24-08-2018 with DR No.85 /2018-19 for an amount of Rs.7,80,000/- and (2) “Restoration of Yerra kunta near Chinnamandem (V & M) of YSR District” vide agreement No. 136 silt / 2018-19, dated 15-10-2018 with D.R.No.136/2018-19 for an amount of Rs.7,80,000/-, as arbitrary, illegal, contrary to the settled legal position apart from being voilative of fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay an amount of Rs. 15,60,000/- for the works executed by the petitioner by work name (1)Restoration of Bapanakunta near Chinnamandem (V & M) of YSR District vide Agreement No.85 silt/ 2018-19, dated 24-08-2018 with DR No.85 /2018-19 for an amount of Rs.7,80,000/- and (2) Restoration of Yerra kunta near Chinnamandem (V and M) of YSR District vide agreement No.136 silt / 2018-19, dated 15-10-2018 with D.R.No. 136/2018-19 for an amount of Rs.7,80,000/-,....” 2. Today, when the matter came up for hearing, Mr.Sanaga Ashok Kumar, learned counsel for the petitioner has stated that he was unable to contact his client. Therefore, he sought permission of this Court to withdraw the writ petition with liberty to file a fresh writ petition, if at all the petitioner has any grievance in future. 5 VS,J W.P.No.6956 of 2024 3. Considering the said request made by the learned counsel for the petitioner, the Writ Petition is dismissed as withdrawn, granting liberty as prayed for. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 27.10.2025 KGR/CAB