T. Lakshmi Narayana vs. The State Of Andhra Pradesh
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Cause title — parties, addresses and appearances
The Court made the following order:
APHC010460852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri iction) [3333] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24187/2025 Between: 1.T. LAKSHMI NARAYANA,, S/0. T. ANJANEYULU, AGED ABOUT 49 YEARS. R/0. D.NO. 1-6, TIKKISETTI VARI VEEDHI, B SAVARAM, RAZOLE EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS, A.P. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI. AMARAVATI, GUNTUR DISTRICT 3.THE DISTRICT COLLECTOR IRRIGATION WING, AMALAPURAM DR. B. R. AMBEDKAR KONASEEMA DISTRICT. 4.THE ENGINEER INCHIEF, , MINOR AND MAJOR IRRIGATION GOVERNMENT OF ANDHRA PRADESH. DEPARTMENT. IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 5.THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, DOWALESWARAM, EAST GODAVARI DISTRICT. 6.THE EXECUTIVE ENGINEER RESOURCES DEPARTMENT. GODAVARI CENTRAL DIVISION IRRIGATION AND WATER AMALAPURAM, EAST GODAVARI DISTRICT. 7.THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT. 8.THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI, GUNTUR DISTRICT. 9.THE PAY AND ACCOUNT OFFICER, DOWILESWARAM, EAST GODAVARI 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 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. 8,65,639/-, 1) Amount of Rs.3,24,175/- vide Agreement No. 13/2024-25, for which the work Removal of weed from Gannavaram main canal in between km 62.400 to km 72.300 in the juri iction of Razole section for the year 2024-25, 2) Amount Rs. 2,40,751/-, vide its Agreement No. 11/2024-25, for which the work Removal of weed from Chintalamori Channel, Shankaraguptham Channel, Gudapalli No-1 Channel No-2 Channel in the juri iction of Razole section for the year 2024-25 3) Amount of Rs.3,00,713/- vide Agreement No. 12/2024-25, for which the work Removal of weed from Kathimanda No-1, Kathimanda No-2 Channel in the juri iction of Razole section for the year 2024-25 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. 8,65,639/- plus 18percent GST for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith, and pass lA 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 pleased to direct the respondents releasing the Final Bills of total amount
VS.J V WP No.24187 of 2025 3 worth of Rs. 8,65,639/- + 18% GST, for execution of completion of O & 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.GPFOR IRRI ANDCAD 2.GP FOR FINANCE PLANNING The Court made the following Order; The present writ petition came to of India seeking the following relief; be filed under Article 226 of the Constitution to issue an appropriate Writ, Order or direction more particularly in the of writ of Mandamus dec^rethe^nacjion on pad ^ Amount of for which the work “Removal of km 62.400 to km 72.300 in the nature not releasing the final bill .o/ono/i Rs 3,24,175/- vide Agreement No.13/2024-25, weed from Gannavaram main canal ^ , rs,2,40,751/-, vide juri iction of Raaole secfron for .he year M Chinramcrchat:,, ShanKara^upfham Channei^Gudap^ Channel in the fo wS he work "Removal of Rs.3,00,713;- Vide Agreemer^t channel in the juri iction of weed " 3*^° 024^2^inteies. of execution and completion of O Razole section for the year 2024 anreement to the petitioner till today & M works under ''''9^^'°^. even though total work was completed as per and causing heavy loss with interest , . ; . Aajcie 14 16 and 21 of the the agreement as illegal, the respondents releasing the Constitution of India 1,3^65 639/- + 18%^QST for execution of romp"ron°yo" r^karJer^rrlgation Oepadmen. as per agreement, to the petitioner forthwith, and pass such other order or orders... had been awarded the contract of works i.e., 1) Amount No.13/2024-25, for “Removal of weed from 62.400 to km 72.300 in the 2024-25”, 2) Amount Rs.2,40,751/-, Removal of weed from Chintalamori Channel, Gudapalli No-1 Channel No-2 Channel 2024-25" and 3) Amount of .12/2024-25, for “Removal of weed from its The petitioner of Rs.3,24,175/- vide Agreement Gannavaram main canal in between km juri iction of Razole section for the year vide Agreement No. 11/2024-25, for Channel, Shankaraguptham 2. the juri iction of Razole section for the year Rs.3,00,713/- vide Agreement No Kathimanda No-1 section for the year 2024-25”. After works, the respondents, issued quality in , Kathimanda No-2 Channel in the juri iction of Razole execution of the aforementioned contract control certificates, dated. 1,0..0Z,2024 i for a sum of Rs.3,24,175/-, Rs.3,00,713/- and Rs.2,40,751/- respectively. As the payment of the said amounts has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of amount, no payment is being made. The petitioner contends that such non payment of money is clearly arbitrary and high-handed requiring the interference of this Court.
This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
On the other hand, learned Assistant Government Pleader, on oral instructions, submits that the admitted amounts payable to the petitioner as the quality control certificate certificates dated 10.02.2024 for a sum of Rs.3,24,175/-, Rs.3,00,713/- and Rs.2,40,751/-. He further submits that since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner. 5. per
vs,J W.P No.241$7 of 2025 6 Learned counsel for the petitioner agreed for payment of final hill as per 6. the quality control certificates as stated by the learned Assistant Government Pleader. In view of the facts and circumstances submitted in the affidavit, and the 7. directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amounts to the petitioner in accordance with the quality control certificates dated 10.02.2024 for a sum of Rs.3,24,175/-, Rs.3,00,713/- and Rs.2,40,751/-, issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any amount which is due and payable, the same is binding upon both the parties. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. K SRINIVASA RAJU assistant registrar //// SECTION OFFICER To, The Principle Secretary to Government, Irrigation and CAD Water Secretariat Velagapudi, Amaravathi, Guntur District. Department, State of Andhra Velagapudi, Amaravati, Guntur District 1 State of Andhra Pradesh Resources Department, Buildings, A.P. Secretariat,
The Principal Secretary, Pradesh, Secretariat Buildings, Finance
The District Collector, (Irrigation wing), Amalapuram, Dr. B. R. Ambedkar Konaseema District.
The Engineer-in-Chief, Minor and Major Irrigation Department, Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, NTR District.
The Superintendent Engineer, Water Resources Department, Dowaleswaram, East Godavari District.
The Executive Engineer, Irrigation and Water Resources Department, Godavari Central Division, Amalapuram, East Godavari District.
The Commissioner, Command Development Authority (CAD), Water Resources Department, Government of Andhra Pradesh, Vijayawada, NTR District.
The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri, Guntur District.
The Pay and Account Officer, Dowileswaram, East Godavari District.
One CC to Sri Annamneedi Balakrishna, Advocate [OPUC]
Two CCs to GP for Irrigation and CAD High Court of Andhra Pradesh [OUT]
Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT]
Two CD Copies. ssb
HIGH COURT DATED:26/09/2025 ORDER WP No. 24187 OF 2025 gf 17 OCT 2025 )S ^^^S>Qifrent Sectiopxy^ DISPOSING OF THE W.P. WITHOUT COSTS
Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.