APHC010103872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FOURTH DAY OF JULY;^^! TWO THOUSAND AND TWENTY FIVE i PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 5632 OF 2025 o i ■Pi SQt Between: K. Krishna Prasad, S/o. K. Venkateswara Rao, Aged about 43 years, R/o. D.No. 15/207-19, Ananadapeta, Machilipatnam, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principle Secretary to Government Irrigation and CAD Water Resources Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, rep. By its Principal Secretary, Finance Department, Secretariat Buildings Velagapudi, District. 3. The District Collector, (Irrigation Wing) Kakinada District. 4. The Engineer-in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, Krishna District. 5. The Commissioner, Command Development Authority Resources Department, Government of Andhra Krishna District. 6. The Superintending Engineer, Irrigation and Water Resources Department, Irrigation Circle, Dowleswaram 7. The Executive Engineer, Drinage Division, Kakinada, Kakinada District I t Engineer, Drainage Sub- Division, Kakinada Kakinada District. Amaravati, Guntur (CAD) Water Pradesh, Vijayawada, 9. The Assistant Pay and Account Officer, Kakinada, Kakinada 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the total final bills amount worth of Rs. 47,64,169/-, 1) Amount of Rs.3,76,890/-, along with ISpercent GST for the work of Annual Maintenance towards removal of weed growth Kathimanda minor drain and in falling minor drains in G.C. Delta for the year 2024-25 vide its Agreement No. 45/2024-25, Dt.01.08.2024, 2) Amount of Rs.5,83,690/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Biccavolu major drain from km 5.00 to from km 11.650 in G.E. Delta for the year 2024-25 vide its Agreement No. 131/2024-25, Dtl 0.07.2024 3) Amount of Rs.3,39,095/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Dandupunta, Surplus, Rameswaram 1 and 2 and Achutapuram minor drains in G.E. Delta for the year 2024-25 vide its Agreement No. 132/2024-25, Dt 18.07.2024, 4) Amount of Rs.8,99,974/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Gaderu Medium drain and Petacalva minor drains in G.E. Delta for the year 2024-25 vide is agreement No. 86/2024-25, Dt. 18.07.2024 5]^ Amount of Rs.5,84,440/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from right arm of Biccavolu major drain and West yeleru major drain from km 6.600 to km 10.700 in G.E. Delta for the year 2024-25 vide its Agreement No. 134/2024-25, Dt 10.07.2024, 6) Amount of Rs. 6,88,457/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Vetapalem major drain, Tooteru and East Yeleru medium drains in G.E. Delta for the year 2024-25 vide its Agreement No. 135/2024-25, Dt 10.07.2024 and 7) Amount of Rs.5,90,608/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from West Yeleru major drain from km 0.00 to km 6.60 in G.E. Delta for the year 2024-25 vide its Agreement No. 136/2024-25, Dt 10.07.2024 8) Amount of Rs.7,01,015/-, along with ISpercent GST for the work of Annual Maintenance towards removal of weed growth from Kankanala codu medium drain and two major drains in Biccavolu basin in G.E. Delta for the year 2024-25 vide its Agreement No. 130/2024-25, Dt 10.07.2024 with interest of execution of completion of works under Water Resource Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Article 14, 16, 21 of Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 47,64,169/- for execution of completion of works under Water Resource Department as per agreement, to the petitioner. lA 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 to direct the respondents releasing the Final Bills of total amount worth of Rs. 47,64,169/-, for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondent Nos. 1, 3 to 8: GP FOR IRRI AND CAD Counsel for the Respondent No. 2 and 9: GP FOR FINANCE PLANNING The Court made the following order: APHC010103872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 5632/2025 Between: 1.K. KRISHNA PRASAD,, S/0. K. VENKATESWARA RAO, AGED ABOUT 43 YEARS, R/0. D.NO. 15/207-19, ANANADAPETA, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, (IRRIGATION WING) KAKINADA DISTRICT. 4.THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 5.THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 6.THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, DOWLESWARAM 7.THE EXECUTIVE ENGINEER, DRINAGE DIVISION, KAKINADA, KAKINADA DISTRICT. 8.THE DEPUTY EXECUTIVE ENGINEER, DRAINAGE SUB DIVISION, KAKINADA, KAKINADA DISTRICT. 9.THE ASSISTANT PAY AND ACCOUNT OFFICER, KAKINADA, KAKINADA DISTRICT. ...RESPONDENT(S): 2 Petition under Article 226 of the Constitution of India praying that m the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the total final bills amount worth of Rs. 47,64,169/-, 1) Amount of Rs.3,76,890/- along with ISpercent GST for the work of Annual Maintenance towards removal of weed growth from Kathimanda infalling minor drains in G.C. Delta for the Agreement No. 45/2024-25 minor drain and year 2024-25 vide its D c oo ,-nrv/ Dt.01.08.2024, 2) Amount Rs.5,83,690/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Biccavolu maior drain from km 5.00 to km 11.650 in G.E. Delta for the year 2024-25 vide its Agreement No. 131/2024-25, Dt10.07.2024 , 3) Amount of Rs.3,39,095/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Dandupunta Surplus, Rameswaram 1 and 2 and Achutapuram minor drains in G.E. Delta for the year 2024-25 vide its Agreement No 132/2024-25 “ 18.07.2024, 4) Amount of Rs.8,99,974/-, along with 18percent GST fo^ the work of Annual Maintenance towards of Dt ^ . removal of weed growth from Gaderu Medium dram and Petacalva minor drains in G.E. Delta for the year 2024-25 vide is agreement No. 86/2024-25, Dt. 18.07.2024 5) Amount of Rs.5,84,440/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from right and West yeleru major drain from km 6.600 to km 10.700 in G.E. Delta for the year 2024-25 vide its Agreement No. 134/2024-25, Dt 10.07.2024, 6) Amount of Rs 6 88,457/-, along with ISpercent GST for the work of Annual Maintenance towards removal of weed growth from Vetapalem maior dram, Tooteru and East Yeleru medium drains in G.E Delta for the year 2024-25 vide its Agreement No. 135/2024-25, Dt 10.07.2024 7) Amount of Rs.5,90,608/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from West 0 00 to km 6.60 in G.E. Delta for the year 2024-25 vide its Agreement No. 136/2024-25, L. Amount of Rs.7,01,015/-, along with 18percent GST for the and Dt 10.07.2024 8) nnual Maintenance towards removal of weed growth from Kankanala drains in Biccavolu basin in G.E. - 130/2024-25, Dt Delta for the year 2024-25 vide its Agreement No. 10.07.2024 with interest of execution of completion of works Water Resource Department under , , . as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Article 14, 16, 21 of Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 47,64,169/- for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith. lA 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 to direct the respondents releasing the Final Bills of total amount worth of Rs.47,64,169/-, for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith pending disposal of the above writ petition. Counsel for the Petitioner: 1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO. 5632 of 2025 ORDER: The 5"" respondent quoted tenders for various works under e- procurement platform in which the petitioner has participated and became lowest bidder. Thereafter the petitioner has entered into agreements with the 7“^ respondent for the said works under which it was agreed that the works shall be carried out by the petitioner for an amount of Rs.47,64,169/-. It is further case of the petitioner that he has completed all the works entrusted to him as per the standards mentioned in the agreements and completed the same within the time stipulated. It is the specific case of the petitioner, despite completion of the works, for the reasons best known to the respondents, they did not choose to pay the amount due under the said works. Questioning the action of the respondents in not paying the same, the present writ petition is filed. On the contrary, the learned Government Pleader for Irrigation 2. would submit that the petitioner has not filed the copies of the agreements and the M-Books showing that the petitioner has actually completed the works under dispute. He would further submit that the petitioner did not approach the respondents by making representation for release of the amount. Having considered the submissions made by the learned 3. 'c» counsel for the petitioner and the learned Government Pleader for 3 Irrigation, this Court feels that it is appropriate to dispose of the present writ petition directing the respondent to treat the writ petition as representation and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 4. As a sequel thereto, miscellaneous Petitions pending, if shall stand closed. any. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SB^fONlOFFICER To, 1. The Principle Secretary to Government Irrigation and CAD Water Resources Department, State of Andhra Pradesh, Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 3. The District Collector, (Irrigation Wing) Kakinada District. 4. The Engineer-in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, Krishna District. 5. The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada, Krishna District. 6. The Superintending Engineer, Irrigation and Water Resources Department, Irrigation Circle, Dowleswaram 7. The Executive Engineer, Drinage Division, Kakinada, Kakinada District. 8. The Deputy Executive Engineer, Drainage Sub- Division, Kakinada, Kakinada District. Secretariat 9. The Assistant Pay and Account Officer, Kakinada, Kakinada District. One CC to Sri. Annamneedi Balakrishna Advocate [OPUC] Two CCs to GP for Irrigation and CAD High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] Two CD Copies 10. 11. / 12. 13. gsc HIGH COURT DATED:24/07/2025 ORDER WP NO. 5632 OF 2025 Sr sfo/AUG 2025 )s ^^NjCigTeiit SeclioB.^^v^ ^^ismsas^ disposing the WP WITHOUT COSTS