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

WEDNESDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 17835 OF 2023

Between:

M/s. Sujith Constructions, Rep. by its Managing Partner, D.Sujith Reddy, S/o.D.Niranjan Reddy, Aged about 31 years, D.No.11-1-189, 2nd lane, Santhi Nagar, Kovur SPSR Nellore District.

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, Secretariat, Amaravathi, Guntur District.
• 2. The Commissioner, State of Andhra Pradesh, Command Area Development Authority, Vijayawada.
• 3. The Superintending Engineer Irrigation Circle, , Nellore, SPSR Nellore District.
• 4. The Executive Engineer, Water Resources Department, Nellore Central Division, SPSR Nellore District.
• 5. Deputy Executive Engineer Water Resources Department, Irrigation Sub-Division, Buchireddypalem, SPSR Nellore District

6. The Principal Secretary, State of Andhra Pradesh, Department of Finance and Planning, Secretariat, Amaravathi, Guntur District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in fhe circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed amounts payable to the petitioner in respect of works mentioned in Annexure A-1 as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed amounts payable to the petitioner in respect of execution of afore mentioned works with an interest @ ¹² PERCENT p.a. from the date of accepting the bills forthwith.

lA NO: ¹ OF 2023

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 direct the respondents to pay undisputed amount mentioned in Annexure - Al along with an interest @ ¹² percent p.a. from the date of accepting the bills forthwith pending disposal of the Writ Petition.

Counsel for the Petitioner: SRI C SUBODH

Counsel for the Respondent Nos. ¹ to 5: GP FOR IRRIGATION &

COMMAND AREA DEVELOPMENT

Counsel for the Respondent No.6: GP FOR FINANCE & PLANNING

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 17835 OF 2023

ORDER:

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This writ petition under Article 226 of Constitution of India is 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.

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 10.01.2024, stating that LOG is not allotted to the work. Soon after release of LOG, the bills would be submitted to payment.

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In view of the instructions placed on record, the respondents are directed to pay the undisputed amounts of Rs.3,58,642/-, 4. Rs.5,00,994/-, Rs.6,65,140/- and Rs.5,69,756/- to the petitioner,

along with the interest @ 6% per annum, in view of the judgment of the HonTDle 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, failing which the bill amounts will carry interest @ 12% per annum, till the actual payment of the amount to the petitioner.

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

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

Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// CTION OFFICER

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• 1. The Principal Secretary, Irrigation Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District.
• 2. The Commissioner, State of Andhra Pradesh, Command Area Development Authority, Vijayawada.

To,

3. The Superintending Engineer Irrigation Circle District. ⁷ ^f Nellore, SPSR Nellore

• 4. The Executive Engineer, Water Resources Department, Nellore Central Division, SPSR Nellore District.
• 5. The Deputy Executive Engineer Water Resources Department, Irrigation Sub-Division, Buchireddypalem, SPSR Nellore District
• 6. The Principal Secretary, State of Andhra Pradesh, Department of Finance and Planning, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District.
• 7. One CC to Sri. C. Subodh, Advocate [OPUC]
• 8. Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT]
• 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT]
• Three CD Copies. 10.

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HIGH COURT

DATED: 24/01/2024

ORDER

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WP.No.17835 of 2023

DISPOSING THE W.P WITHOUT COSTS