APHC010641202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33435/2025 Between: 1. K MALLIKARJUNA RAO,, S/O. VENKATA SHESHAIAH, AGED ABOUT 52 YEARS, OCC- CONTRACTOR, R/O. DAMEGUNTA, KODAVALURU (M), SPSR NELLORE DISTRICT, PINCODE- 524316. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 4. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 5. THE EXECUTIVE ENGINEER, WRD, NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 2 6. YANAMALA PENCHALAIAH, DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, BUCHIREDDYPALEM, SPSR NELLORE 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 pleased topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs. 1,80,282/- vide M Book No. 33 NCC and CFMS No. 2025- 887219, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Removal of Slit in the Canal Bed of Basavaiapalem Channel in between Km 0 to 3.00 and its branches in Kodavalur Mandal of SPSR Nellore District, vide Agreement No. 393 DN/ NC/ 2018-19, dated 24.09.2018 and the 3rd and 4th Respondents not taking any action against the 6th Respondent and not consider the Grievances vide Grievance Nosi NLR202510064337, dated 06.10.2025 and NLR202511106414, dated 10.11.2025 and Representation, dated 06.10.2025 respectively is questioned, as the same is illegal, arbitrairy and consequently direct the respondents to pay for payment of amounts of Rs. 1,80,282/- vide M Book No. 33 NCC and CFMS No. 2025-887219 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass IA NO: 1 OF 2025 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 please to direct the respondents to pay for payment of amount of Rs. 1,80,282/- vide M Book No. 33 NCC & CFMS No. 2025- 887219 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Removal of Slit in the Canal Bed of Basavaiapalem Channel in between Km 0 to 3.00 & its branches in Kodavalur Mandal of SPSR Nellore District, vide Agreement No. 393 DN/ NC/ 2018-19, dated 24.09.2018 and direct the 3^^ Qg 4* Respondents to take action against the 6* Respondent and to consider the Grievances vide Grievance Nos. NLR202510064337, dated 3 06.10.2025 & NLR202511106414, dated 10.11.2025 and Representation, dated 06.10.2025 respectively forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: ORDER: Non-payment of the bill amount for the works executed by the petitioner for removal of silt in the canal bed of Basavalapalem Channel in between 0 Kms to 3Kms and its branches in Kodavalur Mandal of SPSR Nellore District is the grievance of the petitioner. 2. Heard Ms. Modapothula Sumalatha, learned counsel for the petitioner, and the learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner brought to the notice of the Court that the amount due to the petitioner has been deposited with the present President, Water User Association, but not into the account of the petitioner and accordingly, prayed to pass appropriate orders. 4. Recording the said submission, as the authority has already paid the amount, there is no purpose in keeping this Writ Petition 4 pending. However, this Court is not inclined to adjudicate whether the petitioner is entitled to the amount or whether the President, Water User Association, is entitled to the amount. If at all the petitioner has any grievance, he has to approach the competent Civil Court for recovery of the amount. 5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 23rd January, 2026 MH 5 126 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO:33435 of 2025 Date: 23rd January, 2026 MH