APHC010378902021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22910/2021 Between: 1. G SURENDHARANATHA REDDY, S/O G. RAMA SUBBA REDDY, AGED ABOUT 66 YEARS, OCC. FORMERLY SPECIAL CLASS CONTRACTOR, OFF EO9, VASIHNAVI ORCHIDS, KASAVANA HALLI, BANGALORE- 560 035. KARNATAKA STATE ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP, BY PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARARAVATHI, GUNTUR DISTRICT. 2. THE CHIEF ENGINEER, MINOR IRRIGATION, WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISNNA DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, WATER RESOURCES DEPARTMENT, SATJANAPUR ROAD, ANANTHAPURAMU, ANDHRA PRADESH. 4. THE SUPERINTENDING ENGINEER, AVR HNSS, CIRCLE-2, NEAR III TOWN PS HLC COLONY, ANANTHAPUR, ANANTHAPURAMU DISTRICT ANDHRA PRADESH 5. THE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT NEAR 3 TOWN POLICE STATION HLC COLONY, ANANTHAPURAMU ANANTHAPURAMU DISTRICT ANDHRA 2 VS,J W.P.Nos.22910 and 19907 of 2021 PRADESH ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 4t1i respondent in issuing Tender Notice No.02/2021-22 dt.16-09-2021 (TENDER ID No.445878) for the work relating to Investigation design and formation of Jilledubanda Reservoir near Mudigubba including construction of 2 Nos. OFF take sluices surplus and off take cum regulator on HNSS main canal KM 377 100 and distributor system including construction of CM CD works in Mudigudda-Bathalapalle Tadimarri, Dharmavaram Mandal, Ananthapuramu District is illegal and unjust and direct the respondents to postpkone the Tender Notice No.2/2021-202 dt.16-09-2021 (TENDER ID No.445878) till the closing of the contract and arranging final payment duly settling the accounts in the work relating to Formation of NEW MI Tank across Jilledubanda Vagu near Guddampalli Thanda H/o.Gunjepalli of Mudigubba Mandal, Ananathapur District, head Works Package-I vide SES Agreement No.1 SEA/2004-2005 dt.19-07-2004 and supplemental agreement No.18/SEA/2020-21 dt.10-12- 2020 and pass such IA NO: 1 OF 2021 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 may be pleased to direct the respondents not to finalise the tenders issued by the 4th respondent vide tender Notice No.02/2021- 22 dt.16-09-2021 (TENDER ID No.445878) pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. D KODANDARAMI REDDY Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD (AP) WRIT PETITION NO: 19907/2021 3 VS,J W.P.Nos.22910 and 19907 of 2021 Between: 1. G. SURENDRANATHA REDDY,, S/O G. RAMA SUBBA REDDY, AGED ABOUT 66 YEARS, OCC FORMERLY SPECIAL CLASS CONTRACTOR, OFF EO9, VASIHNAVI ORCHIDS, KASAVANA HALLI, BANGALORE- 560 035 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP, BY PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARARAVATHI, GUNTUR DISTRICT. 2. THE CHIEF ENGINEER, MINOR IRRIGATION, WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISNNA DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, WATER RESOURCES DEPARTMENT, SATJANAPUR ROAD, ANANTHAPURAMU, ANDHRA PRADESH. 4. THE EXECUTIVE ENGINEER, I B DIVISION, WATER RESOURCES DEPARTMENT, DHARMAVARAM, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. ...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 topleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents in not closing the contract and arranging final payment duly settling the accounts for the work relating to Formation of New MI Tank across Jilledubanda Vagu, Near Guddampalli Thanda H/o.Gunjepalli of Mudigubba Mandal, Ananthapur District, Head Works Package-I vide SES Agreement No.1 SEA/2004-2005 Dt.19-07-2004 and supplemental Agreement No.18SEA/2020-21 dt.10-12-20 as illegal and unjust and consequently direct the respondents to close the contract and arrange the final payment to the petitioner along with EDMD 4 VS,J W.P.Nos.22910 and 19907 of 2021 amount and 7.5percent withheld amount interest at the rate of 24 percent p.a. and pass IA NO: 1 OF 2021 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 arrange the amounts for the works done and dues to be paid to the petitioner vide agreement No.1 SEA/2004-2005 Dt.19-07-2004 with interest at 24% p.a. pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. D KODANDARAMI REDDY Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 5 VS,J W.P.Nos.22910 and 19907 of 2021 COMMON ORDER: As these writ petitions are filed by the same petitioner and as the issue involved in these writ petitions is one and the same, I deem it appropriate to decide both these cases by way of a common order taking W.P.No.22910 of 2021 as main case. 2. W.P.No.22910 of 2021 came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 4t1i respondent in issuing Tender Notice No.02/2021-22 dt.16-09-2021 (TENDER ID No.445878) for the work relating to Investigation design and formation of Jilledubanda Reservoir near Mudigubba including construction of 2 Nos. OFF take sluices surplus and off take cum regulator on HNSS main canal KM 377 100 and distributor system including construction of CM CD works in Mudigudda-Bathalapalle Tadimarri, Dharmavaram Mandal, Ananthapuramu District is illegal and unjust and direct the respondents to postpkone the Tender Notice No.2/2021-202 dt.16-09-2021 (TENDER ID No.445878) till the closing of the contract and arranging final payment duly settling the accounts in the work relating to Formation of NEW MI Tank across Jilledubanda Vagu near Guddampalli Thanda H/o.Gunjepalli of Mudigubba Mandal, Ananathapur District, head Works Package-I vide SES Agreement No.1 SEA/2004-2005 dt.19-07-2004 and supplemental agreement No.18/SEA/2020-21 dt.10-12-2020 and pass such” 3. The petitioner herein is a special class contractor and was entrusted with the work of formation of new M.I. Tank across Jilledubanda vagu near Guddampalli Thanda H/o Gunjepalli of Mudigubba mandal, Ananthapuramu district, Head Works Package-I by the respondents and accordingly, they entered into an agreement on 19.07.2004. After receiving the designs and 6 VS,J W.P.Nos.22910 and 19907 of 2021 drawings from the respondent authorities in the month of October, 2004, the petitioner commenced the work. The petitioner has also entered into a supplementary agreement with the respondents on 23.02.2007 to execute the balance work of Head Works Package-I. By August, 2008, the petitioner is said to have completed major portion of the allotted work. 4. In the year 2010, the petitioner addressed a letter to the respondent authorities requesting to close the contract as he would not be able to execute the balance work due to health issues. Accordingly, based on the request of the petitioner and as per the memo No.DCE(m1)/OT2- T2/1112/2003 of the 2nd respondent, the Executive Engineer determined the balance work from the scope of the contract under clause 60(c) of P.S. to APDS vide proceedings dated 17.11.2011. Thereafter, a part bill was also approved by the 2nd respondent for Rs.837.36 lakhs vide proceedings dated 19.02.2020. The petitioner has also entered into a STAL agreement on 10.12.2020 with the respondent authorities. In spite of the same, as no efforts are being made by the respondent authorities in making final payment and for settlement of all accounts, the petitioner filed W.P.No.19907 of 2021 before this Court seeking the following prayer: “to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents in not closing the contract and arranging final payment duly settling the accounts for the work relating to Formation of New MI Tank across Jilledubanda Vagu, Near Guddampalli Thanda H/o.Gunjepalli of Mudigubba Mandal, Ananthapur District, 7 VS,J W.P.Nos.22910 and 19907 of 2021 Head Works Package-I vide SES Agreement No.1 SEA/2004-2005 Dt.19-07-2004 and supplemental Agreement No.18SEA/2020-21 dt.10-12-20 as illegal and unjust and consequently direct the respondents to close the contract and arrange the final payment to the petitioner along with EDMD amount and 7.5percent withheld amount interest at the rate of 24 percent p.a. and pass” 5. Pending the said writ petition, the existing Jilledubanda tank is proposed for conversion into reservoir by enhancing the storage capacity from 0.25 TMS to 2.41 TMC. Administrative approval for the same has also been accorded by the Government vide G.O.Rt.No.459, Water Resources (Project- III) Department, dated 02.09.2020. Accordingly, the 4th respondent issued tender notice No.02/2021-22, dated 16.09.2021. Challenging the issuance of the tender notice dated 16.09.2021, the petitioner filed W.P.No.22910 of 2021. 6. Heard Mr. D. Kodandarami Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 7. Today when the writ petition came up for hearing, learned Assistant Government Pleader for Irrigation has produced a copy of instructions of the 3rd respondent wherein it is stated that the Government has accorded administrative sanction of Rs.680 crores for the work of HNSS Phase-II – Investigation, Design and formation of Jillelubanda reservoir near Mudigubba including construction of two off-take sluices, surplus weir and off take cum cross regulator on HNSS main canal @Km 377.100 and distributary system including construction of CM/CD works in Mudigubba, Battalapalli, Tadimarri 8 VS,J W.P.Nos.22910 and 19907 of 2021 and Dharamvaram mandal in Ananthapuram district vide G.O.Rt.No.459, dated 02.09.2020. The 2nd respondent has technically sanctioned the detailed estimate for the subject work vide CE R.No.08/CE/2021-22, dated 02.08.2021 and submitted tender documents before the Hon’ble Judge, Judicial Preview, Government of Andhra Pradesh for approval, pursuant to which, the Judicial Preview has instructed to release press note inviting objections if any and accordingly, a press note was published in two daily newspapers on 29.08.2021, inviting objections, if any, on or before 07.09.2021. It is further stated in the said instructions that the Judicial Preview, after considering the objections, approved the tender documents on 13.09.2021. Thus, the impugned tender notice dated 16.09.2021 was issued for execution of the subject work. 8. It is stated in the instructions that vide Lr.No.SE/HNSS C.2/ATP/DB/TO/JTO1/F.P.JBR/1154 M; dated 01.10.2021, the petitioner was informed that the work executed by him is under the Jurisdiction of the Superintending Engineer, Irrigation Circle, Ananthapuramu and requested to approach the said officer, for settlement of his accounts. It is further stated that there is no balance work retained under the scope of the petitioner and the work completed by him is certified by the department which clearly depicts that there is no ambiguity in the settlement of accounts of the petitioner. 9 VS,J W.P.Nos.22910 and 19907 of 2021 9. It can be observed from the material available on record that the current proposal of developing Jillelubanda reservoir was approved by the Government for increasing the capacity of tank from 0.224 TMC to 2.41 TMC and the impugned tender notice dated 16.09.2021 was issued after approval from the Judicial Preview. It can also be seen that the work executed by the petitioner was certified by the respondent department and that there is no balance work under the scope of the petitioner. Further, it was admitted in the instructions that the submission of final bill for the amounts payable to the petitioner is under process. In such a case, the petitioner cannot be denied payment for the works executed by him. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. Thus, W.P.No.22910 of 2021 is liable to be disposed of. 10. In view of the detailed order passed in W.P.No.22910 of 2021, W.P.No.19907 of 2021 is also liable to be disposed of. 11. In the result, both the writ petitions are disposed of directing the respondent authorities to pay the admitted amounts payable to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. Till such payment, the respondent authorities shall not proceed further 10 VS,J W.P.Nos.22910 and 19907 of 2021 pursuant to the tender notice dated 16.09.2021. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in these Petitions shall stand closed. ____________________ JUSTICE V.SUJATHA 05.01.2026 Gss