*• 'V4 APHC010069362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY.THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 4002 OF 2024 Between; M/s. Mahi Infra, Rep. by its Managing Partner, P.Venkata Subba Reddy, S/o Dasaradharami Reddy, aged about 46 Years, C/o. Sunkara Rajasekhar Reddy, D.No.7-5-85, Near Bachpan School, Iswarya Nagar, Ongole, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, A.P. Secretariat, Velagapudi, Guntur District.' 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, A.P. Secretariat, Velagapudi, Guntur District. 3. The Commissioner CADA, Water Resources Department, Vijayawada, NTR District. 4. The Collector and District Magistrate, Prakasam District, Ongole, 5. The Executive Engineer, Water Resources Department, Irrigation Division, Ongole, Prakasam District. ' 6. The Pay and Accounts Officer, Works and Accounts, Ongole, Prakasam District. ...RESPONDENTS r Petition under Article 226 of the Constitution of India praying that in the the High Court may be circumstances stated in the affidavit filed therewith pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents iin not releasing the payment of Rs 11,33,298/ Rs 4,87,685/- towards 3'^*^ and - towards Bill No. 2023-216142, part bill and Rs 7,21,225/- towards 4*^ and final bill totaling to Rs 23,42;208/- even after finalizing the bills payable to nre in relation to the execution of work i.e. Repairs, Renovation and Restoration of Thatakulapalem Ml Tank of Thatakulapalem Prakasam District vide agreement No. 8DN/2021 Village, Kondepi Mandal of -22 dated 15-05-2021 as the the respondents respect of IS Illegal, arbitrary and unjust and consequently direct to release an amount of Rs 23,42 208/- same to the petitioner in execution of afore mentioned work. lA NO: 1 OF 2024 Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents to release praying that in the circumstances stated to an amount of Rs 11,33;^98/- towards Bill No. 2023 216 ot, Rs 4,87,685/- towards 3"'^ and part bill and Rs 7,21,225/- towards 4“' and final bill totaling to Rs 2ZA2,20si- even after finalizing the bills payable to the petitioner in relation to the execution of work i.e. Repairs Renovation and Restoration of Thatakulapalem Ml Tank of Thatakulapalem Village, Kondepi Mandal of Prakasam District vide agreement no 8DN/ 2021- 22 dated 15-05-2021, pending disposal of the main Writ Petition. Counsel for the Petitioner; SMT.KAVITHA Counsel for the Respondent Nos.1,3.4 & 5: GP FOR IRRIGATION & CAD Counsel for the Respondent Nos.2 & 6:GP FOR FINANCE & PLANNING The Court made the following order: GOTTIPATI r APHC010069362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 4002/2024 Between: 1.MAHI INFRA, REP. BY ITS MANAGING PARTNER, P.VENKATA SUBBA REDDY S/0 DASARADHARAMI REDDY, AGED ABOUT 46 YEARS, C/0 SUNKARA RAJASEKHAR REDDY, D.NO 7-5-85, NEAR BACHPAN SCHOOL, ISWARYA NAGAR, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL WATER RESOURCES DEPARTMENT, A.P. SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE DEPARTMENT, A.P. SECRETARIAT, SECRETARY, VELAGAPUDI, GUNTUR DISTRICT. 3.THE COMMISSIONER CADA, WATER RESOURCES DEPARTMENT, VIJAYAWADA, NTR DISTRICT. 4.THE COLLECTOR AND DISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE, 5.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION DIVISION, ONGOLE, PRAKASAM DISTRICT. 6.THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, ONGOLE, PRAKASAM DISTRICT. ...RESPONDENT(S): i Counsel for the Petitioner: 1.KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2.GP FOR FINANCE PLANNING (AP) The Court made the following: w THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 4002 of 2024 ORDER: - The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs.23,42,208/- to the petitioner despite completion execution of work of Repairs, Renovation and Restoration of Thatakulapalem Ml Tank of Thatakulapalem Village, Kondepi Mandal of Prakasam 1. District. It is the case of the petitioner that the respondents 2. have floated tender for execution of the said work in which the petitioner became the lowest bidder. It is the further case of the petitioner that he entered into agreement dated 15.05.2021 with respondent No.5. Thereafter, he has completed the said work within the stipulated time as per the agreement. It is the specific case of the petitioner that respondent No.5 inspected the execution of work at regular intervals and after completion of the same, the respondent No.5 issued Quality Control Certificate dated 20.12.2023 after conducting checks and tests and the observations were also recorded in field register and the same was found satisfactory based on the field tests carried out. Despite the same, the respondents did not release the said amount of Rs.23,42,208/- in favour of the petitioner. Questioning the said action, the present writ petition is filed. 3. On the other hand, the learned Government Pleader for Irrigation would fairly submit that the petitioner has executed the above mentioned works and did not dispute the Quality Control Certificate dated 20.12.2023 issued by respondent No.5. He would further request this Court to pass appropriate orders by granting time to release the said amount in favour of the petitioner. 4. Heard learned counsel for petitioner and learned Assistant Government Pleader for Irrigation and CAD. Perused the material available on record. 5. It is not in dispute that the petitioner has entered into agreement with respondent No.5 dated 15.05.2021 and he has completed the works of Repairs, Renovation and Restoration of Thatakulapalem Ml Tank of Thatakulapalem Village, Kondepi Mandal of Prakasam District. Further on perusal of the Quality Control Certificate dated 20.12.2023, it is clear that the petitioner has executed the same to the satisfaction of the .respondents. In that view of the same, there is no justification on the part of the respondents in not releasing the admitted amount in favour of the petitioner. In view of the above, the Writ Petition is allowed and 6. the respondents are directed to pay an amount of Rs.23,42,208/- to the petitioner within a period of six (06) weeks from the date of receipt of the order. It is needless to mention that in so far as interest component is concerned, the petitioner is at liberty to take steps available under law. No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Water Resources Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District. Finance Department, State of Andhra 2. The Principal Secretary, Pradesh, A.P. Secretariat, Velagapudi, Guntur District. 3. The Commissioner CADA, Water Resources Department, Vijayawada, NTR District. 4. The Collector and District Magistrate, Prakasam District, Ongole, 5. The Executive Engineer, Water Resources Department, Irrigation Division, Ongole, Prakasam District. 6. The Pay and Accounts Officer, Works and Accounts, Ongole, Prakasam District. 7 One CC to Smt. Kavitha Gottipati, Advocate [OPUC] and CAD, High Court of Andhra Pradesh 8. Two CCs to GP for Irrigation [OUT] 9. Two CCs to Pradesh [OUT] 10. Two CD Copies. GP for Finance and Planning, High Court of Andhra ssb I \ % -4.' HIGH COURT i DATED:14/07/2025 ORDER WP No.4002 OF 2024 I ALLOWING THE W.P. WITHOUT COSTS