K. Krishna Prasad vs. The State Of Andhra Pradesh

The Court made the following order:

APHC010103762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri iction) [3333] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5660/2025 Between: S/0. K. VENKATESWARA RAO, AGED ANANADAPETA, 1.K. KRISHNA PRASAD, ABOUT 43 YEARS, R/0. D.NO. 15/207-19 MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 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) DISTRICT. 4.THE ENGINEERINCHIEF, DEPARTMENT IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 5.THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 6.THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES KAKINADA MINOR AND MAJOR IRRIGATION GOVERNMENT OF ANDHRA PRADESH, IRRIGATION CIRCLE, DEPARTMENT,

DOWLESWARAM, 7.THE EXECUTIVE ENGINEER, DRINAGE DIVISION KAKINADA DISTRICT. 8.THE DEPUTY EXECUTIVE ENGINEER, DRAINAGE SUB- DIVISION, KAKINADA, KAKINADA DISTRICT. KAKINADA, ASSISTANT PAY AND ACCOUNT OFFICER, KAKINADA 9.THE KAKINADA 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 an appropriate Writ, Order or particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the total final bills amount worth of Rs. 46,85,575/-, 1) Amount of Rs.6,79,692/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Tulyabhaga Major drain and its minor drains between KM 24.100 to K.M 28 00 of T.B Major Drain in G.E. Delta for the year 2024-25 vide its Agreement No. 122/2024-25, Dt 10.07.2024, 2) Amount of Rs. 5,88,386/-. along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Tulyabhaga Major drain and its minor drains 18.500 to KM 23.00 of T.B Major Drain in G.E. Delta for the direction more between K.M year 2024-25 vide its Agreement No. 123/2024-25, Dt 10.07.2024 3) Amount along with 18percent GST for the work of Annual towards removal of weed growth from medium drains between of Rs.4,22,799/-, Maintenance 15.00 to 16.00 KM old TB Major Drain in G.E. Delta for the year 2024-25 vide No. 124/2024-25, Dt 10.07.2024, 4) Amount of Rs.7,02,150/-, GST for the work of Annual Maintenance towards its Agreement along with 18percent removal of weed growth from Kurada medium drain and Ava minor dram in 2024-25 vide its Agreement No. 125/2024-25, Dt G.E. Delta for the year 10.07.2024 5) Amount of Rs.7,40,377/-, along with 18percent GST for the towards removal of weed growth from work of Annual Maintenance Patharlagadda medium drain penuguduru, Nadakuduru, Turangi and Karapa Minor drains in G.E. Delta for the year 2024-25 vide its Agreement No. 10.07.2024, 6) Amount of Rs. 3,99,917/-, along with 126/2024-25, Dt 18percent GST for the work of Annual Maintenance towards removal of weed growth from Raju medium drains in G.E. Delta for the year 2024-25 vide its Agreement No. 127/2024-25 Dt 10.07.2024 and 7) Amount of Rs.5,74,612/-,

3 along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Sahapuram medium drain in G.E. Delta for the year 2024-25 vide its Agreement No. 128/2024-25, Dt 10.07.2024 8) Amount of Rs.5,74,612/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Yendamuru medium drain, Venkateswarlu, Kapavaram Old course of TB and G. Vemavaram minor drains in G.E. Delta for the year 2024- 25 vide its Agreement No. 129/2024-25, Dt 10.07.2024 with interest of execution of completion of works under Water Resource Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Article 14, 16, 21 of Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 46,85,575/- for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith 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 worth of Rs. 46,85,575/-, for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith pending disposal of the above writ petition 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:

i A.'S 4 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.5660 of 2025 ORDER: to be filed under Article 226 of the The present Writ Petition came Constitution of India seeking the following relief;- appropriate Writ, Order or direction more particularly one in of Writ of Mandamus declare the inaction on part of the herein not releasing the total final bills amount worth of Rs. ....to issue an the nature respondents 46,85,575/-, 1) Amount of Rs.6,79,692/-, along with 18percent GST for the of Annual Maintenance towards removal of weed growth from work Tulyabhaga Major drain and its minor drains between KM 24.100 to K.M 28.00 of T.B Major Drain in G.E. Delta for the year 2024-25 vide its 122/2024-25, Dt 10.07.2024, 2) Amount of Rs. 5,88,386/-, Agreement No. with 18percent GST for the work of Annual Maintenance towards along removal of weed growth from Tulyabhaga Major drain and its minor drains 18.500 to KM 23.00 of T.B Major Drain in G.E. Delta for the between K.M year 2024-25 vide its Agreement No. 123/2024-25, Dt 10.07.2024 3) Amount of Rs.4,22,799/-, along with 18percent GST for the work of Annual towards removal of weed growth from medium drains Maintenance between 15.00 to 16.00 KM old TB Major Drain in G.E. Delta for the year No. 124/2024-25, Dt 10.07.2024, 4) Amount 2024-25 vide its Agreement GST for the work of Annual of Rs. 7,02,150/-, along with 18percent towards removal of weed growth from Kurada medium drain Maintenance and Ava minor drain in G.E. Delta for the year 2024-25 vide its Agreement No. 125/2024-25, Dt 10.07.2024 5) Amount of Rs.7,40,377/-, along with work of Annual Maintenance towards removal of 18percent GST for the growth from Patharlagadda medium drain Turangi and Karapa Minor drains in G.E. Delta for the year penuguduru. weed Nadakuduru, 2024-25 vide its Agreement No. 126/2024-25, Dt 10.07.2024, 6) Amount of Rs. 3,99,917/-, along with 18percent GST for the work of Annual towards removal of weed growth from Raju medium drains in 2024-25 vide its Agreement No. 127/2024-25 Dt Maintenance G.E. Delta for the year 10.07.2024 and 7) Amount of Rs.5,74,612/-, along with 18percent GST for 5 the work of Annual Maintenance towards removal of weed growth from Sahapuram medium drain in G.E. Delta for the year 2024-25 vide its Agreement No. 128/2024-25, Dt 10.07.2024 8) Amount of Rs.5,74,612/-, along with 18percent GST for the work of Annual Maintenance towards removal of weed growth from Yendamuru medium drain, Venkateswarlu, Kapavaram Old course of TB and G. Vemavaram minor drains in G.E. Delta for the year 2024- 25 vide its Agreement No. 129/2024-25, Dt 10.07.2024 with interest of execution of completion of works under Water Resource Department as per agreements to. the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Article 14, 16, 21 of Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 46,85,575/- for execution of completion of works under Water Resource Department per agreement, to the petitioner forthwith...." as 2. The petitioner had been awarded the contract of works under the subject scheme in Krishna District. After execution of the said contract, a final bill was prepared for a sum of Rs.46,85,575/- as per the sanctioned orders. As the payment of the said amount 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 money, no payment is being made. The petitioner contends that such 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 3. non- 4. 6 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 Government Pleader placed on record written instructions submitted by the 7*'^ respondent dated 11.08.2025 stating 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 5. bills will be paid to the petitioner. In view of the facts and circumstances submitted in the affidavit, and the 6. directions of this Court in several 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 amount payable to the petitioner, within a period of four (4) months from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. There shall be no order as 7. to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. K.KASI RAO ACHARI ASSISTANT REGISTRAR //// SECT!QN^OPPji:jJFR To,

' 1 HIGH COURT DATED:11/08/2025 ORDER WP.NO. 5660 OF 2025 15 SEP 20?5 I ^ . Current bection . ^ O DISPOSING OF THE WP WITHOUT COSTS