APHC010439982024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23312/2024 Between: 1. Y V CHOWDARY, S/O PEDA SINGAIAH, AGED 58 YEARS, R/O 1- 124, KANKATAPALEM, BAPATIA MANDAL BAPATIA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, BAPATIA DISTRICT, BAPATIA. 5. THE EXECUTIVE ENGINEER, DRAINS DIVISION, CHERALA, BAPATLA DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, SECTION NO.4, DRAINS SUB- DIVISION, PONNUR, BAPATLA DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, DRAINS SUB- DIVISION, BAPATLA, BAPATLA DISTRICT. CAUSE TITLE AMENDED AS PER THE COURT ORDER DT.18.10.2024 VIDE ORDERS PASSED IN I.A.NO. 02 OF 2024. ...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 to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works vide agreement no. 15KW/2022-23 for contract i.e., O and M Repairs to Remove of Shoala in Appikatia Drain between Km.0.200 to Km. 6.500 in Bapatla (M), Bapatla District as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.7,84,960/- forthwith for the above referred works executed by the petitioner along with interest for delayed payment and pass IA NO: 1 OF 2024 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 respondents to pay amount of Rs.7,84,960/- for the works executed by the petitioners i.e., O and M Repairs to Remove of Shoala in Appikatia Drain between Km.0.200 to Km. 6.500 in Bapatia (M), Bapatia District forthwith and pass IA NO: 2 OF 2024 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 permit the petitioner to substitute the respondent no. 05, The Executive Engineer, Drainage KW Division, Cherala, Bapatia District be substituted with The Executive Engineer, Drains Division, Cherala, Bapatia District. The respondent 06, The Assistant Executive Engineer, Section No.3, Ponnur, Bapatia District be substituted with The Assistant Executive Engineer, Section No.4, Drains Sub-Division, Ponnur, Bapatia District. The respondent no.07, The Deputy Executive Engineer, Western Sub-Division, Bapatia, Bapatia District be substituted with The Deputy Executive Engineer, Drains Sub- Division, Bapatia, Bapatia District by amending the cause title and pass Counsel for the Petitioner: 1. PONNADA SREE VYAS Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following order: Aggrieved by the non-payment of bill amounts to the petitioner in relation to the completed works under Agreement No.15KW/2022-23, the present writ petition is filed. 2. Heard Sri VNSL Sasidhar V, learned counsel representing Sri Ponnada Sree Vyas, learned counsel for the petitioner and Sri Satish Kumar, learned Assistant Government Pleader for Irrigation for the respondents. 3. Learned Assistant Government Pleader for Irrigation on instructions submitted that, the authorities have admitted to pay the entitled net amount to the petitioner and sought time for such payment. 4. To the said submission, learned counsel for the petitioner reported no objection. 5. Taking into consideration the submissions of both the learned counsel and as the authorities are ready to pay the net amount to the petitioner, this court is inclined to dispose of the writ petition with the following direction. The respondents are directed to release the legally admitted/entitled net amount to the petitioner at the earliest, and at any rate, within a period of three (03) months from the date of receipt of copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI Dt.26.02.2026 JLV 169 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23312/2024 Dt.26.02.2026 JLV