** APHC010091942017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA ' WRIT PETITION NO: 15488 OF 2017 Between: B.Prabhakar Reddy, S/o. B.Malla Reddy, Aged about 52 years, Occ; Business Resident of Plot No. 49 Road No. 76 Jubilee Hills, Hyderabad. ...Petitioner AND 1. State of Andhra Pradesh, Irrigation and CAD Department, Secretariat, Velagapudi Amaravathi, Guntur district Rep. by its Principal Secretary. 2. The Chief Engineer Minor Irrigation Government of, Andhra Pradesh Irrigation and CAD Department 14-7-29, C/o. Vysya Bhavan, Namboori, Gopalrao Street, Hanumanpet, Vijayawada, Krishna District. 3. The Superintending Engineer I & CAD Irrigation Circle, Maharanipet, Visakhapatnam. 4. The Executive Engineer I & CAD WSM Division, Chodavaram Visakhapatnam District. ...Respondents 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 of mandamus or any other appropriate writ or direction declaring the action of the respondents 3 and 4 in not releasing the retention amount in respect of the work relating to formation of reservoir across Mandal, Devarapallil Isukagadda near Butchayyapalem Village, Visakhapatnam District even though the defect liability period is over as illegal, arbitrary and consequently direct the respondents 3 and 4 to release amount with interest @ 18% per annum. r lA NO: 1 OF 2017fWPMP 19101 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the and 4^^ respondents to release the retention amounts in respect of the work relating to formation of reservoir across Isukagadda near Butchayyapalem village, Devarapalli Mandal, Visakhapatnam district by preparing the final bill pending disposal of the W.P. Counsel for the Petitioner: SRI O. MANOHER REDDY Counsel for the Respondents: GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT The Court made the following order: V5 APHC010091942017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] f WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15488/2017 Between: 1.B.PRABHAKAR REDDY, S/0 B.MALLA REDDY AGED ABOUT 52 YEARS, OCC: BUSINESS RESIDENT OF PLOT NO 49 ROAD NO. 76 JUBILEE HILLS, HYDERABAD ...PETITIONER AND 1.PRL SECY I CAD DEPT 3 ORS, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT REP. BY ITS PRINCIPAL SECRETARY 2.THE CHIEF ENGINEER MINOR IRRIGATION GOVERNMENT OF, ANDHRA PRADESH IRRIGATION AND CAD DEPARTMENT 14-7-29, C/0. VYSYA BHAVAN, NAMBOORI, GOPALRAO STREET, HANUMANPET, VIJAYAWADA, KRISHNA DISTRICT 3.THE SUPERINTENDING ENGINEER I CAD IRRIGATION CIRCLE, MAHARANIPET, VISAKHAPATNAM 4.THE EXECUTIVE ENGINEER I CAD WSM DIVISION, CHODAVARAM VISAKHAPATNAM 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 toto issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents 3 and 4 in not releasing the retention amount in respect of the work relating to formation of reservoir VS,J W.P No. 15488 of 2017 * ^ 2 across Isukagadda near Butchayyapalem Village, Devarapallil Mandal, Visakhapatnam District even though the defect liability period is over as illegal' arbitrary and consequently direct the respondents 3 and 4 to release with interest @ 18% per annum lA NO: 1 OF 2017fWPMP 19101 OF 2017 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 3rd and 4th respondents to release the retention amounts in respect of the work relating to formation of reservoir across Isukagadda near Butchayyapalem village, Devarapalli mandal, Visakhapatnam preparing the final bill pending disposal of the W.P. Counsel for the Petitioner: 1.0 MANOHER REDDY Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD (AP) The Court made the following: amount district by VS,J A W.P No. 15488 of 2017 3 ORDER: The present Writ Petition is filed declaring the action of respondents No.3 and 4 in not releasing the retention amount in respect of the work relating to formation of reservoir across Isukagadda, near Butchayyapalem Village, Devarapalli Mandal, Visakhapatnam District, even though the defect liability period is over, as illegal and arbitrary. 2. Heard learned counsel for the petitioner as well learned Assistant Government Pleader for Irrigation for respondents. 3. Today, when the matter came up for hearing, the learned Assistant Government Pleader for Irrigation furnished a copy of the instructions of the 4'^ respondent vide letter No.Ee/WSM/CDM/Supt/704M, dated 18.08.2025, wherein it is stated that the petitioner attended to the remarks pointed out by the Executive Engineer, Quality Control Division, Visakhapatnam, in May 2022. Subsequently, the Quality Control remarks were dropped vide Memo No.EE/QC/VSP/db/AEE(tO/111/51s, dated 20.06.2022 by the Executive Engineer, Quality Control Division, Visakhapatnam. Regarding the Validation of the Bank guarantee extension, the Executive Engineer, W.S.M. Division, Chodavaram, issued a notice to the contractor vide Lr.No.345M/AB/B.5/Supdt/ dated 10.07.2023. However, the contractor has not validated the Bank Guarantee till now. Hence, the I.R. para is still pending at the Accountant General’s Office. After the validation of Bank Guarantees only, the I.R. para raised by the Accountant General Office can be dropped; then^nly the final VS,J ^ W.P No. 15488 of 2017' 4 bill can be processed, and subsequently, the retention amounts to be released. 4. As per the said instructions, it can be observed that, pending the writ petition, the petitioner has already rectified the works attended by the Executive Engineer, Quality Control Division, Visakhapatnam in the month of May 2022, and thereafter, the Quality Control remarks were dropped on 20.06.2022 by the Executive Engineer, Quality Control Division, Visakhapatnam. However, as the petitioner has failed to validate the Bank Guarantee, till date, the Accountant General is not in a position to drop the remarks and to finalize the bill and, thereafter, release the amount retained by them. In view of the above, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition, giving liberty to the petitioner to validate the Bank Guarantee within a period of four (4) weeks from the date of receipt of a copy of this order. On such validation, the respondents shall process the final bill and release the amount retained by them as expeditiously as possible, preferably within a period of four (4) weeks thereafter. 5. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. VS,J W.P No. 15488 of 2017 5 As a sequel, miscellaneous applications stand closed. pending, if any, shall also Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary State of Andhra Pradesh, Irrigation and CAD Department, Secretariat, Velagapudi Amaravathi, Guntur District 2. The Chief Engineer Minor Irrigation Government of, Andhra Pradesh Irrigation and CAD Department 14-7-29, C/o. Vysya Bhavan, Namboori, Gopalrao Street, Hanumanpet, Vijayawada, Krishna District. 3. The Superintending Engineer I & CAD Irrigation Circle, Maharanipet, Visakhapatnam. 4. The Executive Engineer I & CAD WSM Division, Visakhapatnam District. 5. One.CC to Sri O. Manoher Reddy, Advocate [OPUC] 6. Two CCs to GP for Irrigation and Command Court of Andhra Pradesh [OUT] 7. Two CD Copies Chodavaram Area Development, High Cnr ■ » HIGH COURT DATED:20/08/2025 ORDER WP NO. 15488 OF 2017 ^A.NDW^ X It SEP 2025 Curreni Seciion m. 9^.^ Currem aecuwH DISPOSING OF THE W.P. WITHOUT COSTS