IN the high court OF ANDHRA PRADESH - (Special Original A/WARAVATI^ WEDNESDAY Jurisdiction) 5? the twentieth TWO thousand day OF DECEMBER and twenty three present 3t the honourable SR/ JUSTICE

^®®!IPEI!T!ONNo;venkateswarlu L12087^F2023 ni/wa/iagadda Between:

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Sejith Constructions S/o.D.Niranjan Reddy, Santhi Nagar, ' by its Managi Aged about 31 Kovur SPSR Nellore -'"9 D.Sujith years, D.No.li-i Reddy, ■'*S9, 2nd lane District.

		AND	-PETITIONER
T	The<br>State<br>Andhra<br>d<br>Prade-^h<br>of
	Seer<br>Department,<br>r<br>Secretarial,	Principal<br>'"■<br>'<br>Amaravathi	Secretary,<br>Irrigation

• Commissioner, Guntur District. Area 2. The Command Vijayawada. Development Authority, 3. The
• Superintending Engineer District. ■ Irrigation Circle, Hel/ore, SPSR Nellore
• 4. The Executiv ^o Engineer, Water D'v/sion. SPSR Nellore Resources Department District. ' i^ellore Central
• Deputy Executive Engineer Water
• Buchireddypalem Resources Sub-Division, Department, Irrigation SPSR Nellore District Department 6. The Principal Secretary Secretariat, Amaravathi Of Finance Planning - Guntur District.

Petition under Article ²²⁶ stated ⁱ -RESPONDENTS of the Constitution '0 the affidavit filed 11^0 circumstances l^e pleased of India praying that in the High Court therewith, ony other Respondents ⁱ '0 respect of lo issue declaring the amounts ^a writ of mandamus action of the may writ or withholding the direction or appropriate undisputed in payable to the petitioner ⁱ

works mentioned * ,

Principles of natural undisputed amounts and contrary to the illegal arbitrary direct the respondents to pay of execution of afore date of accepting in Annexure A-1 as and consequently mentioned works the bills /= justice payaBle, ot, the petitioner 'with an Serest @ ¹² percent in respect p.a. from the ^..{forthwith.

lAiiOLlOFJ023

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Petition under Section that in the circumstances ¹⁵¹ CPC praying in support of the writ petition, the High Court may undisputed amount mentioned the date of stated in the affidavit fiied in direct the respondents to pay interest @ ¹² percent p.a. from disposai of the Writ Petition. be pleased to in Annexure accepting the A1 along with an bills forthwith pending

' '"'f ot 5°Tp for irrigation and cad finance and planning counsel for the Petitioner counsel for the Respondent Nos Respondent No.6; GP FOR ;ORDER Counsel for the The Court made the following

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 12087 OF 2023

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ORDER:

This writ petition under Article 226 of Constitution of India i: filed to issue writ of mandamus, declaring the action of respondents in withholding the payment of bill, payable to the petitioner in relation to the execution of work under the subject scheme, as illegal, arbitrary and contrary to the principles of natural justice. IS

2. It is the case of the petitioner that the petitioner has executed the work under the subject scheme, the respondents having been satisfied with the execution of work, prepared the bill, but the amount was not paid, for different reasons.

3. During hearing, learned Government Pleader for Irrigation placed on record, the written instructions passed by the Executive Engineer, Nellore, dated 06.12.2023, stating that the LOG is not allotted to the above said works and after release of the LOC, the bills will be submitted to payment. Soon after uploading of bills in CFMS, the bill amount will be paid to the petitioner.

4. In view of the instructions placed on record, the respondents are directed to pay the undisputed amounts of Rs.3,34,911/- Rs.3,82,008/- Rs.4,75,572/- Rs.5,47,028/- and Rs.4,77,897/- to the

of the annum, in view with the interest @ 6% per of the Hon'ble Division Bench of this Court in Writ Appeal petitioner, along judgment No.724 of 2021 and batch dated 12.10.2023, within ^a period of six of this order, failing the date of receipt of ^a copy (06) weeks from interest @ 12% per annum, till the which the bill amounts will carry of the amount to the petitioner. actual payment

the Writ Petition is disposed of, maintainability of the writ 5. With the above directions the merits, as to the without touching petition. There shall be no order as to costs.

Consequently, Miscellaneous Writ Petition shall stand closed. Petitions, if any, pending m this 6.

SD/- SHAIK MOHD. RAFl assistant registrar

//TRUE COPY//

SE OFFICER

• To, State of Andhra Irrigation Department, 1. The Principal Secretary Pradesh, Secretariat, Amaravathi, Guntur District.

  • 2. The Vijayawada. Development Authority, Command Area Commissioner
  • 3. The Superintending Engineer, Irrigation Circle, Nellore, SPSR Nellore District.
  • 4. The Executive Engineer, Water Resources Division, SPSR Nellore District. Department, Nellore Central
  • 5. Deputy Executive, Engineer Water Resources Sub-Division, Buchireddypalem, SPSR Nellore District Department, Irrigation
• 6. The Principal Secretary, Department of Finance and Planning, Secretariat, Amaravathi, Guntur District.
• 7. One CC to Sri C. Subodh, Advocate [OPUC]
• 8. Two GO'S to GP for Irrigation and CAD, High Court of A.P. at Amaravati [OUT]
• 9. Two CC's to GP for Finance and Planning, High Court of A.P. at Amaravati [OUT]
• 10. Three CD Copies.

Ssb

MET

Time Limit

HIGH COURT

DATED:20/12/2023

ORDER

WP.No.12087 of 2023