Cause title — parties, addresses and appearances
APHC010688932025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
[3332]
TUESDAY, THE TWENTY FIRST DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 36516/2025
Between:
1. SRI RADHA KRISHNA INDUSTRIES, REP BY ITS MANAGING
DIRECTOR, DODDA SATYA VENKATA RAMA RAO, S/O. GOPALA
KRISHNA, AGED 49 YEARS, R/O. D.NO.13-14-26, BAPUJI NAGAR,
KOWURU, KOVVUR, WEST GODAVARI DISTRICT - 534 350.
...PETITIONER
AND
1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT IRRIGATION AND CAD WATER RESOURCES
DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT,
VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 52241
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS,
VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 522241
3. THE DISTRICT COLLECTOR IRRIGATION WING, WEST GODAVARI
DISTRICT AT BHIMAVARAM. 534201
4. THE ENGINEER INCHIEF MINOR AND MAJOR IRRIGATION
DEPARTMENT,
GOVERNMENT
OF
ANDHRA
PRADESH,
IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT, 520001
5. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER
RESOURCES
DEPARTMENT,
IRRIGATION
CIRCLE,
DOWLAISWARAM, EAST GODAVARI DISTRICT.533125
6. THE
EXECUTIVE
ENGINEER,
IRRIGATION
AND
WATER,
RESOURCES DEPARTMENT, GODAVARI HEAD WORKS DIVISION,
DOWLAISAWARAM, EAST GODAVARI DISTRICT 533125
...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 an appropriate Writ, Order or direction more particularly one
in the nature of Writ of Mandamus declare the inaction on part of the
respondents herein not releasing the final bill amount worth of Rs. 28,54,535/,
1) Amount of Rs. 15,71,345/- Agreement No. 77D/22-23 dated 02.03.2023
and vide M. Book No. 1671GH, 2) Amount of Rs. 12,83,190/-, Agreement No.
76D/22-23 dated 02.03.2023 and vide M. Book No. 1663GH, with interest of
execution and completion of O and M works under Irrigation department as
per agreement, to the petitioner till today and causing heavy loss with interest
even though total work was completed as per the agreement as illegal,
arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and
consequentially to direct the respondents releasing the final bills of total
amount worth of Rs. 28,54,535/- 18percentage GST for execution of
completion of O and M works under Irrigation Department as per agreement,
to the petitioner 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 to
direct the respondents releasing the Final Bills of total amount worth of Rs.
28,54,535/- 18 percentage GST, for execution of completion of O and M
works under Irrigation Department as per agreement, to the petitioner
forthwith, pending disposal of the above writ petition and pass
Counsel for the Petitioner:
1. ANNAMNEEDI BALAKRISHNA
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, the present writ petition is filed.
2.Heard Sri D.Rama Koteswara Rao, learned counsel representing learned counsel for the petitioner and Sri Satish Kumar, learned Assistant Government Pleader for Irrigation Department.
3.Sri Satish Kumar, learned Assistant Government Pleader for Irrigation on counter submitted that, the authorities have admitted to pay the entitled amount to the petitioner and sought four (04) months 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 entitled amount to the petitioner, this court is inclined to dispose of the writ petition, at the admission stage with the following direction:
The respondents are directed to release the legally admitted/entitled net amount to at the earliest, and at any rate, within a period of four(04) months from the date of receipt of copy of this order.
Accordingly, the writ petition is disposed of. No costs.
Miscellaneous applications, pending if any, shall stand closed.
________________________ JUSTICE RAVI CHEEMALAPATI BRS
