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2026 DAILYLAW 10787 (AP)

V MOSHE BABU v. THE STATE OF ANDHRA PRADESH

WP/3167/2026 · 2026-09-14

K Sreenivasa Reddy

Civil Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010051132026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 3167/2026 Between: 1. V MOSHE BABU, S/O NAGESWARA RAO, AGED ABOUT 45 YEARS, CONTRACTOR, R/O.D.NO.14/356. EDEPALLI, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. 3 THE COMMISSIONER CADA AND SPECIAL CHIEF SECRETARY, TO THE GOVERNMENT, WATER RESOURCES (CADA) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 4. THE EXECUTIVE ENGINEER, KRISHNA EASTERN DIVISION, VIJAYAWADA, KRISHNA DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION AND C.A.D. DEPARTMENT, COWTHARAM SUB-DIVISION, KRISHNA 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 2 SRK, J WP.No.3167 of 2026 pleased to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the bill amount to the Petitioner i.e., Rs.8,16,961/- in respect of the work executed by the Petitioner i.e., O and M - Removal of weed such as water hyacinth on Konkepudi Channel and its branches under Cowtharam section for the year 2020-21, which is illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 19(g) and 21 of the Constitution of India and consequently direct the Respondents to pay the contract bill amount i.e., Rs.8,16,961/- for the work executed by the Petitioner forthwith in the interest of justice and to pass IA NO: 1 OF 2026 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 pleased to DIRECT the respondents to take steps for payment of bills i.e., Rs.8,16,961/- in relation to the works executed by the Petitioner pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 SRK, J WP.No.3167 of 2026 O R D E R This Writ Petition is filed seeking the following relief: “….to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the bill amount to the Petitioner i.e., Rs.8,16,961/- in respect of the work executed by the Petitioner i.e., O and M - Removal of weed such as water hyacinth on Konkepudi Channel and its branches under Cowtharam section for the year 2020-21, which is illegal, arbitrary, malafide, against to the principles of natural justice, contrary to law and in violation of Article 14, 19(g) and 21 of the Constitution of India and consequently direct the Respondents to pay the contract bill amount i.e., Rs.8,16,961/- for the work executed by the Petitioner forthwith and pass such other order…” 2. Heard learned counsel for the petitioner, the learned Assistant Government Pleader for Irrigation, and the learned Assistant Government Pleader for Finance. 3. The petitioner claims to be a registered contractor. He was awarded a contract for execution of the work viz. O&M – Removal of weed such as water hyacinth on Konkepudi Channel and its branches under Cowtharam section for year 2020-21. It is the case of the petitioner that he executed the work to the satisfaction of the authorities concerned, and upon completion of the work, the respondent authorities measured the same and recorded the measurements in the Measurement Book. 4. It is the grievance of the petitioner that notwithstanding the completion of the work and its measurement by the competent authorities, the amount due towards the executed work has not been paid till date. According to the petitioner, although the work was completed long back, the respondent authorities are not releasing the admitted amount payable to him. Aggrieved by the non-payment of the said amount, the petitioner filed the present Writ Petition. 4 SRK, J WP.No.3167 of 2026 5. Having regard to the fact that in spite of granting number of adjournments, the respondent authorities neither secured written instructions nor filed counter-affidavits, the respondent authorities are directed to verify and pay the admitted amount for the work executed by the petitioner within a period of Two (2) months from the date of receipt of the order. It is made clear that the petitioner shall execute an indemnity bond to the effect that in case, if it is found that the petitioner has not executed the work, he would repay the amount so paid. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date:15.09.2026. MS / VS 5 SRK, J WP.No.3167 of 2026 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:3167 of 2026 Date: 15.09.2026 MS