IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction)

MONDAY. THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 5493 OF 2022

Between:

RavLila Malleswara Rao, S/o. Peda Venkata Kotaiah Aged 51 Years R/o. 1-87, Tellapa.du Village Nuzendla Mandal, Guntur District

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and CAD Department, Secretariat Velagapudi, Amaravati, Guntur District
• 2. The Principal Secretary, Finance and Planning Department Government of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District.
• 3. The Secretary to the Government of Andhra Pradesh, Water Resources (CADA) Department, Secretariat Velagapudi, Amaravati, Guntur District
• 4. The Director of Works and Accounts Government of Andhra Pradesh, Finance Department Anjaneya towers, Ibrahimpatnam, Vijayawada
• 5. The District Collector, Guntur District, at Guntur
• 6. The Pay and Accounts Officer, Guntur, Guntur District

7. The Executive. Engineer, Irrigation Division Guntur, Guntur District.

,.;8v;The Deputy Executive Engineer, Irrigation Department M.l. Sub-Tj TDivision, Narasaraopeta, Guntur District

9.: the Assistant Executive Engineer, Irrigation Department Vinukonda ' Guntur District

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring declaring the action of the respondents in not paying the approved bill amount to the petitioner's husband in respect of Agreement Nos. 259/2018-19 Dated 17.01.2019 and 258/2018-19 dated 17.01.2019 in relation to the execution of works under Neeru Chettu Programme-Construction may of Checkdams near a/c Bhamukunta Vagu near K. Pedda Venkateswarlu field in Inavolu (V) in Nuzendia Mandal of Guntur District and Construction of Checkdams near a/c Errabothula Vagu near Reyella Venkaiah field Nuzendia Mandal of Guntur District respectively, in spite of approval of final bill and cancelling the Bill Nos. 2019-682309 in Inavolu (V) in and 2019-685440 without assigning any reason, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitutioh of India and consequently direct the respondents to pay the approve bill amount for the said work to the petitioner forthwith in the interest of justice.

lA NO: ¹ OF 2022

Petition under Sectioh ¹⁵¹ CPC graying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the respondents to take steps for payment of approved

billsto the petitioner in relation to the execution of works "NeeruChettu" Program- Checkdams under near a/c Bhamukunta Vagu near K. Pedda Venkateswarlu field in Inavolu (V) in Nuzendia Mandal of Guntur District and Construction of Checkdams near a/c Errabothula Vagu near Revella Venkaiah field in Inavolu (V) in Nuzendia Mandal of Guntur District respectively, pending disposal of the Writ Petition.

Counsel for the Petitioner: SRI. KAMBHAMPATI RAMESH BABU

V 'M

Counsel for the Respondent No.1, 3, 5, ⁷ to 9: GP FOR IRRIGATION COMM AREA DEV

Counsel for the Respondent No.2, 4, 6: GP FOR FINANCE AND PLANNING

The Court made the following:

the honourable SRI JUSTICE WRITTOTITION VENKATESWARLU NIMMAGADDA Of 2022

ORDER:-

1. The petitioner seeks the respondents ⁱ writ of mandamus to declare the action of withholding and not releasing an amount Agreement Nos.259/2018-19 and 258/2018-19, in covered under dated 17.01.2019, even after execution of work, principles of natural justice and for as illegal, arbitrary and violative of a consequential direction.

2. The petitioner's case is that, the in East Godavari District On completion of the petitioner has undertaken certain repair works completed those works, respondent authorities did works were completed long back and successfully agreed works, the not pay the amount till date. Though the and the default liability period still, the respondent authorities of two years was also Completed, returned the direction to the have not IS preferred seeking a pay the amount with interest. amount. Hence, the writ petition ⁱ respondents to

3. Heard. No counter is filed by the respondents.

4. As can be seen, the petitioner's case is a pitiable successfully completed the one. The petitioner has agreed works to the

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satisfaction of the authorities. However, the bill amount was withheld and not returned, most importantly, without any reason.

Though this Court passed an interim order on 04.03.2022, directing the respondents to pay. the finalized and approved bill amount as per the M-Book and Quality Control Certificate to the petitioner, within a period of six (06) weeks, the same was not paid. It is imperative for public authorities to recognize their responsibility and promptly fulfil contractual obligations by paying the agreed-upon amounts to contractors. Failing to do so not only jeopardizes future contractor engagement but also undermines the quality of work delivered. In the present case, the withholding of the bill amount lacks justification. Therefore, it is only fair for the petitioner to receive the payment owed to them, along with interest. 5.

6. Hence, writ petition is disposed of, directing the respondent authorities to the pay amount covered under Agreement Nos.259/2018-19 and 258/2018-19, dated 17.01.2019, to the petitioner along with the interest @ 6% per annum, in view of the judgment of the Honhle Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of six (06) weeks from the date of receipt of a copy of this order.

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7. It would also be differential amount/higher rate of interest, respondents, in an appropriate forum. There shall be costs. open to the petitioner to agitate his claim if any payable by the no order as to

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8. Consequently, miscellaneous applications pending, if any, shall stand closed.

SD/- K. TATA RAO //TRUE COPY// DEPUTY .REGISTRAR" SEC OFFICER To,

• 1. The Principal Secretary, Irrigation and CAD Department, State of Andhra Pradesh, Secretariat Veiagapudi, Amaravati, Guntur District
• 2. The Principal Secretary, Finance and Planning Department Government of Andhra Prddesh. Secretariat Veiagapudi, Amaravati, Guntur District.
• 3. The Secretary to the Government of Andhra Pradesh, Water Resources (CADA) Department, Secretariat Veiagapudi, Amaravati, Guntur District
• 4. The Director of Works and Accounts Government of Andhra Pradesh Finance Department Anjaneya towers, Ibrahimpatnam, Vijayawada
• 5. The District CollectCr, Guntur District, at Guntur

6. The Pay and Accounts Officer, Guntur, Guntur District

<7^

• 7. The Executive Engineer, Irrigation Division Guntur, Guntur District.
• 8. The Deputy Executive Engineer, Irrigation Department Division, Narasaraopeta, Guntur District M.l. Sub-
• 9. The Assistant Executive Engineer, Irrigation Department Vinukonda Guntur District
• 10. One CC to SRI. KAMBHAMPATI RAMESH BABU Advocate [OPUC]
• 11. Two CCs to GP FOR IRRIGATION COMM AREA DEV, Andhra Pradesh. [OUT] High Court Of

12. Two CD Copies

MBT

HIGH COURT

DATED:19/02/2024

ORDER

WP.No.5493 of 2022

DISPOSING THE W.P WITHOUT COSTS