APHC010527662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28489/2024 Between: 1. THE WATER USER ASSOCIATION NO.18, ITS PRESIDENT, AVUTALA RAMA KRISHNA REDDY(LATE), REP.BY AVUTALA SAILAJA, AGED ABOUT 63 YEARS, W/O AVUTALA RAMA KRISHNA REDDY(LATE), R/O. H.NO 5-117, BANDI ATMAKUR VILLAGE AND MANDAL KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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 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 topleased 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 for Providing Execution of Works i) Repairs and improvements to ayacut road from Bheemavaram polimeragattu to Kakanuru bridge from Km 0.000 to km 3.000 near Kakanur(v) Bandi Atmakur (M) Kurnool (Dist) through the Agreement No.790/2018-19 and dated 02.07.2018 for an amount Rs.71,356/-, ii) Jungle Clearance and De-Silting of Maddileru Vagu from Km 3.200 to 4.500 near Parnapalli(v) bandi Atmakur(M) through the Agreement No.791/2018-19 and dated 02.07.2018 for an amount Rs.71,107/-, iii) Jungle Clearance and De-Silting of Pothula Vagu from Km 3.900 to 5.300 near Parnapalli(v) Bandi Atmakur(M) through the Agreement No.806/2018-19 and dated 02.07.2018 for an amount Rs.69,899/- , iv) Jungle Clearance and De-Silting of Maddileru Vagu from Km 2.000 to 3.1500 near Parnapalli(v) Bandi Atmakur(M) through the Agreement No.807/2018-19 and dated 02.07.2018 for an amount Rs.71,046/-, v) Jungle Clearance and De- Silting of Pothula Vagu from Km 2.500 to 3.800 near Parnapalli(v) Bandi Atmakur(M) through the Agreement No.805/2018-19 and dated 02.07.2018 for an amount Rs.71,258/-, vi) Repairs and strengthening of R/S Bank of K.C.0 Main Canal from km 157.650 to km 160.500 near, Bandi Atmakur (VandM)through the Agreement No.420/2017-18 and dated 26.12.2017 for an amount Rs.67,131/-, vii) Repairs and improvements to 125 R Sluice L/s Bank from km 3.500 to km 6.900 near Parnapalli(v) Bandi Atmakur(M) through the Agreement No.418/2017-18 and dated 25.11.2017 for an amount Rs.66,752/- and viii) improvements to Ayacut road Parnapalli(V) rastha to Nandyal rastha towards KC Canal katta from km 0.000 to km 3.000 near Bheemavaram(v) Nandyal (M) through the Agreement No.366/2018-19 and dated 18.04.2018 for an amount Rs.70,546/-, ix) Repairs and strengthening of Ayacut road from Bheemavaram to Parnapalli village from km 0.000 to km 2.500 near Bheemavaram(v) Nandyal (M) through the Agreement No.1374/2017-18 and dated 15.03.2018 for an amount Rs.71,402/-, x) Repairs and strengthening of Ayacut roadfrom Bheemavaram(V) to Kakanur(v) from km 0.000 to km 3.000 near Bheemavaram(v) Nandyal (M) through the Agreement No.1373/2017-18 and dated 15.03.2018 for an amount Rs.71,322/-, xi) Improvements to Ayacut road Mukkamalla Rama Subba Reddy fields to Bhuma Vema Reddy fields rastha towards A.Koduru rastha from km 0.000 to km 2.500 near Bheemavaram(v) Nandyal (M) through the Agreement No.370/2017-18 and dated 18.04.2018 for an amount 3 Rs.70,915/-, xii) Improvements to Ayacut road Jwala Bhaskar Reddy fields to Pothu Reddy Veera Reddy fields towards KC Canal katta from km 0.000 to km 2.500 near Bheemavaram(v) Nandyal (M) through the Agreement No.369/2018-19 and dated 18.04.2018 for an amount Rs.71,134/-, xiii) Jungle Clearance and De-Silting of KCC Main canal from Km 150.650 to Km 152.800 near Santhajutur village, Bandi Atmakur Mandal through the Agreement No.422/2017-18 and dated 26.12.2017 for an amount Rs.53,491/-, xiv) Jungle Clearance and De-Silting of KCC Main canal from Km 150.300 to Km 153.00(U/s) near Santhajutur village, Bandi Atmakur Mandal through the Agreement No.517/2017-18 and dated 26.12.2017 for an amount Rs.71,277/-, xv) Repairs and improvements to Ayacut road from Km 0.000 to Km 2.000 from Erukala Colony at K.C.0 Main Canal through the Agreement No.426/2017-18 and dated 26.12.2017 for an amount Rs.66,128/- xvi) Jungle Clearance and De-Silting of Gudigundam UT at Km 158.500 U/s from Km 0.000 to Km 2.500 near Parnapalli village, Bandi Atmakur Mandal through the Agreement No.514/2017-18 and dated 26.12.2017 for an amount Rs.69,429/-, xvii) Jungle Clearance and De-Silting of Pedda Vagu u/s UT at Km 0.000 to Km 3.000 and Widening strengthening of side banks near Bandi Atmakur( VandM) through the Agreement No.425/2017-18 and dated 26.12.2017 for an amount Rs.70,898/-, xviii) Improvements to Ayacut road Rammohan Fields to Lift Irrigation rastha towards karimaddela rastha from km 0.000 to km 2.500 near Bheemavaram(v) Nandyal (M) through the Agreement No.371/2017-18 and dated 18.04.2018 for an amount Rs.71,104/- , totaling an amount of Rs.12,46,195/- with 18percent Per annum as illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondents to release an amount of Rs.12,46,195/- with 18percent per annum to the petitioner in respect of the execution of aforementioned works 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 be pleased to direct the respondents to release the Withheld amount of Rs.12,46,195/- with interest at 18percent for the works executed by the petitioner under the scheme Neeru — Chettu for executing the Works i) Repairs and improvements to ayacut road from Bheemavaram polimeragattu to Kakanuru bridge from Km 0.000 to km 3.000 near Kakanur(v) Bandi Atmakur (M) Kurnool (Dist) through the Agreement No.790/2018-19 and dated 02.07.2018 for an amount Rs.71,356/-, ii) Jungle Clearance and De-Silting of Maddileru Vagu from Km 3.200 to 4.500 near Parnapalli(v) bandi Atmakur(M) 4 through the Agreement No.791/2018-19 and dated 02.07.2018 for an amount Rs.71,107/-, iii) Jungle Clearance and De-Silting of Pothula Vagu from Km 3.900 to 5.300 near Parnapalli(v) Bandi Atmakur(M) through the Agreement No.806/2018-19 and dated 02.07.2018 for an amount Rs.69,899/-, iv) Jungle Clearance and De-Silting of Maddileru Vagu from Km 2.000 to 3.1500 near Parnapalli(v) Bandi Atmakur(M) through the Agreement No.807/2018-19 and dated 02.07.2018 for an amount Rs.71,046/-, v) Jungle Clearance and De- Silting of Pothula Vagu from Km 2.500 to 3.800 near Parnapalli(v) Bandi Atmakur(M) through the Agreement No.805/2018-19 and dated 02.07.2018 for an amount Rs.71,258/- , vi) Repairs and strengthening of R/S Bank of K.C.0 Main Canal from km 157.650 to km 160.500 near, Bandi Atmakur (VandM) through the Agreement No.420/2017-18 and dated 26.12.2017 for an amount Rs.67,131/-, vii) Repairs and improvements to 125 R Sluice L/s Bank from km 3.500 to km 6.900 near Parnapalli(v) Bandi Atmakur(M) through the Agreement No.418/2017-18 and dated 25.11.2017 for an amount Rs.66,752/- and viii) improvements to Ayacut road Parnapalli(V) rastha to Nandyal rastha towards KC Canal katta from km 0.000 to km 3.000 near Bheemavaram(v) Nandyal (M) through the Agreement No.366/2018-19 and dated 18.04.2018 for an amount Rs.70,546/-, ix) Repairs and strengthening of Ayacut road from Bheemavaram to Parnapalli village from km 0.000 to km 2.500 near Bheemavaram(v) Nandyal (M) through the Agreement No.1374/2017-18 and dated 15.03.2018 for an amount Rs.71,4021-, x) Repairs and strengthening of Ayacut road from Bheemavaram(V) to Kakanur(v) from km 0.000 to km 3.000 near Bheemavaram(v) Nandyal (M) through the Agreement No.1373/2017- 18 and dated 15.03.2018 for an amount Rs.71,322/-, xi) Improvements to Ayacut road Mukkamalla Rama Subba Reddy fields to Bhuma Vema Reddy fields rastha towards A.Koduru rastha from km 0.000 to km 2.500 near Bheemavaram(v) Nandyal (M) through the Agreement No.370/2017-18 and dated 18.04.2018 for an amount Rs.70,915/-, xii) Improvements to Ayacut road Jwala Bhaskar Reddy fields to Pothu Reddy Veera Reddy fields towards KC Canal katta from km 0.000 to km 2.500 near Bheemavaram(v) Nandyal (M) through the Agreement No.369/2018-19 and dated 18.04.2018 for an amount Rs.71,134/-, xiii) Jungle Clearance and De-Silting of KCC Main canal from Km 150.650 to Km 152.800 near Santhajutur village, Bandi Atmakur Mandal through the Agreement No.422/2017-18 and dated 26.12.2017 for an amount Rs.53,491/-, xiv) Jungle Clearance and De-Silting of KCC Main canal from Km 150.300 to Km 153.00(U/s) near Santhajutur village, Bandi Atmakur Mandal through the Agreement No.517/2017-18 and dated 26.12.2017 for an amount Rs.71,277/-, xv) Repairs and improvements to Ayacut road from Km 0.000 to Km 2.000 from Erukala Colony at K.C.0 Main Canal through the 5 Agreement No.426/2017-18 and dated 26.12.2017 for an amount Rs.66,128/- , xvi) Jungle Clearance and De-Silting of Gudigundam UT at Km 158.500 U/s from Km 0.000 to Km 2.500 near Parnapalli village, Bandi Atmakur Mandal through the Agreement No.514/2017-18 and dated 26.12.2017 for an amount Rs.69,429/-, xvii) Jungle Clearance and De-Silting of Pedda Vagu u/s UT at Km 0.000 to Km 3.000 and Widening strengthening of side banks near Bandi Atmakur( VandM) through the Agreement No.425/2017-18 and dated 26.12.2017 for an amount Rs.70,898/-, xviii) Improvements to Ayacut road Rammohan Fields to Lift Irrigation rastha towards karimaddela rastha from km 0.000 to km 2.500 near Bheemavaram(v) Nandyal (M) through the Agreement No.371/2017-18 and dated 18.04.2018 for an amount Rs.71,104/- , totaling an amount of Rs.12,46,195/- 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: 6 ORDER: Aggrieved by the non-payment of the bill amount to the petitioner for execution of various works under various agreements, the present writ petition is filed. 2. Heard Sri N.Venkatesh, learned counsel representing Ms.Marella Radha, learned counsel for the petitioner and Sri Satish Kumar, learned Assistant Government Pleader for Irrigation. 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. 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: 11.02.2026 JLV 7 315 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28489/2024 Date: 11.02.2026 JLV