APHC010522302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27614/2024 Between: 1. SHAIK CHAND BASHA, S/O. GABBER SAHEB.AGED ABOUT 49 YEARS, R/O. NANDYALA VILLAGE AND MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE DISTRICT COLLECTOR, NANDYAL.NANDYAL DISTRICT. 4. THE CHIEF ENGINEER, MINOR IRRIGATION DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 5. THE SUPERINTENDING ENGINEER IRRIGATION CIRCLE, IRRIGATION CIRCLE, KURNOOL, KURNOOL DISTRICT. 6. THE EXECUTIVE ENGINEER W R DEPT, KC CANAL DIVISION, NANDYAL, NANDYAL, DISTRICT. ...RESPONDENT(S): 2 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 declaring the action of the respondents in not releasing Withheld amount for the works executed by the petitioner under the scheme Neeru -Chettu Providing Execution of Works i) Jungle Clearance and De-Silting of Kundu Vagu from Km 8.275 to Km 8.425 near Kulur(V), Gospadu (M) through the Agreement No. 1346/18-19 Dt. 07-07-2018 for an amount of Rs.74,212/-, ii) Jungle Clearance and De-Silting of Kundu Vagu from Km 9.260 to Km 9.410 near Kulur(V), Gospadu (M) through the Agreement No. 1381/18-19 Dt. 07-07-2018 for an amount of Rs.74,766/-, iii) Jungle Clearance and De-Silting of Kundu Vagu Km 9.570 to Km 9.740 near Kulur(V), Gospadu (M) through the Agreement No. 1383/18-19 Dt. 07- 07-2018 for an amount of Rs.74,766/-, iv) Jungle Clearance and De- Silting of Kundu Vagu from Km 9.415 to Km 9.565 near Kulur(V), Gospadu (M) through the Agreement No. 1382/18-19 Dt. 07/07/2018 for an amount of Rs.74,581/-, V) Jungle Clearance and De-Silting of Caleru Vagu from Km 9.105 to Km 9.255 near Kulur(V), Gospadu (M) through the Agreement No. 1380/18-19 Dt. 07/07/2018 for an amount of Rs.74,671/-, Vi) Jungle Clearance and De-Silting of Kundu Vagu from Km 8.950 to Km 9.100 near Kulur(V), Gospadu (M) under Neeru Chenu Programme through the Agreement No. 1379/18-19 Dt. 07/07/2018 for an amount of Rs.74,581/-, vii) Jungle Clearance and De-Silting of Kundu Vagu from Km 8.795 to Km 8.945 near Kulur(V), Gospadu (M) through the Agreement No. 1350/18-19 Dt. 07-07-2018 for an amount of Rs.74,581/-, viii) Jungle Clearance and De-Silting of Kundu Vagu from Km 8.640 to Km 8.790 near Kulur(V), Gospadu (M) under Neeru Chettu Programme through the Agreement No. 1349/18-19 Dt. 07-07-2018 for an amount of Rs.74,581/-, ix) Jungle clearance and De-Silting of Kundu Vagu from Km. 8.430 to Km. 8.580 near Kulur(V), Gospadu (M) through the Agreement No. 1347/18-19, Dt. 07-07-2018 for an amount of Rs.74,581/-, X) De-Silting of Nandyal Big tank towards Alugu to Summer storage tank(Mid Portion) from Km.0.530 to Km. 0.630 near Nandyal (V and M) through the Agreement No.930/18-19, Dt. 03/07/2018 for an amount of Rs.74,812/-, xi) De-Silting of Nandyal Big tank towards Alugu to Summer storage tank(Mid Portion) from Km.0.215 to Km. 0.315 near Nandyal (V and M) through the Agreement No.927/18-19, Dt. 03-07- 2018 for an amount of Rs.74,599/-, xii) De-Silting of Nandyal Big tank 3 towards Alugu to Summer storage tank(Mid Portion) from Km.0.320 to Km. 0.420 near Nandyal (V and M) through the Agreement No.928/18- 19, Dt. 03-07-2018 for an amount of Rs.74,666/-, xiii) De- Silting of Nandyal Big tank towards Alugu to Summer storage tank(Mid Portion) from Km.0.425 to Km. 0.525 near Nandyal (V and M) through the Agreement No.929/18-19, Dt. 03-07-2018 for an amount of Rs.74,666/-, xiv) De-Silting of Nandyal Big tank towards Alugu to Summer storage tank(Mid Portion) from Km.0.000 to Km. 0.100 near Nandyal (V and M) through the Agreement No.925/18-19, Dt. 03-07- 2018 for an amount of Rs. 74,666/-, xv) De-Silting of Nandyal Big tank towards Ganapathigudi to Mahanandi Road from Km.0.740 to Km. 0.840 near Nandyal (V and M) through the Agreement No.924/18-19, Dt. 03- 07-2018 for an amount of Rs. 74,666/-, xvi) De-Silting of Nandyal Big tank towards Alugu to Summer storage tank(Mid Portion) from Km.0.105 to Km. 0.210 near Nandyal (V and M) through the Agreement No.926/18-19, Dt. 03-07-2018 for an amount of Rs. 74,666/- and xvii) De-Silting of Nandyal Big tank towards Ganapathigudi to Mahanandi Road from Km.0.635 to Km. 0.735 near Nandyal (V and M) through the Agreement No.923/18-19, Dt. 03-07-2018 for an amount of Rs 74,451/- totaling an amount of Rs. 12,68,512/- with 18 percent interest is illegal, arbitrary and contrary to law and unconstitutional and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release the Withheld amount an amount of Rs. 12,68,512/- with 18 percent Per annum to the petitioner in respect of the execution of aforementioned work forthwith and to 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 to direct the respondent authorities to release the Withheld amount of Rs. 12,68,512/- with interest at 18 percent for the works executed by the petitioner under the scheme Neeru - Chettu for executing the Works i) Jungle Clearance and De-Silting of Kundu Vagu from Km 8.275 to Km 8.425 near Kulur(V), Gospadu (M) through the Agreement No. 1346/18-19 Dt. 07-07-2018 for an amount of Rs.74,212/-, ii) Jungle Clearance and De-Silting of Kundu Vagu from Km 9.260 to Km 9.410 near Kulur(V), Gospadu (M) through the Agreement No.1381/18-19 Dt. 07-07-2018 for an amount of Rs.74,766/-, iii) Jungle 4 Clearance and De- Silting of Kundu Vagu Km 9.570 to Km 9.740 near Kulur(V), Gospadu (M) through the Agreement No. 1383/18-19 Dt. 07- 07-2018 for an amount of Rs.74,766/-, iv) Jungle Clearance and De- Silting of Kundu Vagu from Km 9.415 to Km 9.565 near Kulur(V), Gospadu (M) through the Agreement No. 1382/18-19 Dt. 07/07/2018 for an amount of Rs.74,581/-, v) Jungle Clearance and De-Silting of Caleru Vagu from Km 9.105 to Km 9.255 near Kulur{V), Gospadu (M) through the Agreement No. 1380/18-19 Dt. 07/07/2018 for an amount of Rs.74,671/-, vi) Jungle Clearance and De-Silting of Kundu Vagu from Km 8.950 to Km 9.100 near Kulur(V), Gospadu (M) under Neeru Chenu Programme through the Agreement No. 1379/18-19 Dt. 07/07/2018 for an amount of Rs.74,581/-, vii) Jungle Clearance and De-Sllting of Kundu Vagu from Km 8.795 to Km 8.945 near Kulur(V), Gospadu (M) through the Agreement No. 1350/18-19 Dt. 07-07-2018 for an amount of Rs.74,581/-, viii) Jungle Clearance and De-Silting of Kundu Vagu from Km 8.640 to Km 8.790 near Kuiur(V), Gospadu (M) under Neeru Chettu Programme through the Agreement No.1349/18-19 Dt. 07-07- 2018 for an amount of Rs.74,581/-, ix) Jungle clearance and De-Sllting of Kundu Vagu from Km. 8.430 to Km. 8.580 near Ku{ur(V), Gospadu (M) through the Agreement No. 1347/18-19, Dt. 07-07-2018 for an amount of Rs.74,581/-. X) De-Silting of Nandyal Big tank towards Alugu to Summer storage tank(Mid Portion) from Km.0.530 to Km. 0.630 near Nandyal (V and M) through the Agreement No.930/18-19, Dt. 03/07/2018 for an amount of Rs.74,812/-, xi) De-Silting of Nandyal Big tank towards Alugu to Summer storage tank(Mid Portion) from Km.0.215 to Km. 0.315 near Nandyal (V and M) through the Agreement No.927/18-19, Dt. 03-07- 2018 for an amount of Rs.74,599/-, xii) De- Silting of Nandyai Big tank towards Alugu to Summer storage tank(Mid Portion) from Km.0.320 to Km. 0.420 near Nandyal (V and M) through the Agreement No.928/18- 19, Dt. 03-07-2018 for an amount of Rs.74,666/-, xiii) De-Silting of Nandyal Big tank towards Alugu to Summer storage tank(Mid Portion) from Km.0.425 to Km. 0.525 near Nandyal (V and M) through the Agreement No.929/18-19, Dt. 03-07- 2018 for an amount of Rs.74,666/-, xiv) De-Silting of Nandyal Big tank towards Alugu to Summer storage tankfMid Portion) from Km.0.000 to Km. 0.100 near Nandyal (V and M) through the Agreement No.925/18- 19, Dt. 03-07- 2018 for an amount of Rs. 74,666/-, xv) De-Silting of Nandyal Big tank towards Ganapathigudi to Mahanandi Road from Km.0.740 to Km. 0.840 near Nandyal (V and M) through the Agreement 5 No.924/18-19, Dt. 03-07-2018 for an amount of Rs. 74,666/-, xvi) De- Silting of Nandyal Big tank towards Alugu to Summer storage tank(Mid Portion) from Km.0.105 to Km. 0.210 near Nandyal (V and M) through the Agreement No.926/18-19, Dt. 03-07-2018 for an amount of Rs. 74,666/- and xvii) De-Silting of Nandyal Big tank towards Ganapathigudi to Mahanandi Road from Km.0.635 to Km. 0.735 near Nandyal (V and M) through the Agreement No.923/18-19, Dt. 03-07-2018 for an amount of Rs. 74,451/- to the petitioner and to pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: ORDER: Aggrieved by non-payment of bill amounts to the petitioner for the works executed vide various agreements under Neeru Chettu scheme, the present writ petition is filed. 2. Heard Sri Nandipalle Venkatesh, learned counsel representing Smt Marella Radha, learned counsel for the petitioner and Sri Satish Kumar, learned Assistant Government Pleader for Irrigation for the respondents. 3. Learned counsel for the petitioner submitted that the authorities have paid the entitled amounts to the petitioner and there remains nothing for adjudication, accordingly, prayed to close the writ petition. 6 4. Recording the said submission, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 31st January, 2026 RKS