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

TUESDAY, THE FIFTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA WRIT PETITION NO: 19144 OF 2021

Between:

The Janma Bhoomi Maaviiru Committee, rep.by its Chairmen namely Ghanta Ramachandhra rao S/o Nagabhushanam aged about 70 years R/o 3-45, East Yadavalli Kamavarapukota Mandal West.Godavari Dist.

Petitioner

AND

• 1. The Government of Andhra Pradesh, rep. by its principal secretary Irrigation and Water Resources department, Secretariat buildings Amaravati.
• 2. The Government of Andhra Pradesh, rep. by its principal secretary, Finance department. Secretariat buildings Amaravati.
• 3. The District Collector, West Godavari District, Eluru.
• 4. The Engineer in Chief. Minor/Major Irrigation Department Irrigation Bhavan, Vijayawada, Krishna District.
• 5. The Superintendent Engineer, Irrigation circle office, Eluru, West Godavari District.
• 6. The Executive Engineer, Irrigation Division, Eluru West Godavari 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 may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the inaction on the part of the respondents here in not releasing the bills amount worth of Rupees 7,03,171/-with interest of Execution and completion of works as per the agreements No. 376/2018-19 dt 21-2-2019, in the area of Kamavarapukota Mandal West.Godavari District under Neeru-Chettu Scheme to the petitioner till today and causing heavy loss with interest even though total works were completed as illegal arbitrary and violative of article 14,16,21 of constitution of India and consequentially to direct the respondents to release and pay the bills worth of Rupees 7,03,171/-with interest to the petitioner forthwith as per the agreement.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release and pay the bills worth of Rupees 7,03,171/-with interest to the petitioner forthwith as per the agreement, pending disposal of WP 19144 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Bokka Satyanarayana, Advocate for the Petitioner, GP for Irrigation and Command Area Development for the Respondents, the Court made the following.

ORDER:

At request of the learned Government Pleader for Irrigation and Command Area Development, for counter, list on 28.10.2021.

If counter is not filed on that day, this Court will be forced to pass an interim order in all the pending interlocutory applications directing the respondents to meet the prayer sought therein. No further time will be granted for filing counter thereafter.

The learned Government Pleader is requested to get a statement prepared relating to this entire batch of cases, where there are instances, which the respondents could process without any difficulty and without any complaint and where there is requirement of vigilance enquiry on account of the nature of works carried out.

The 4th respondent-Engineer-in-chief shall get this statement prepared on or before the above date and get it filed through the office of the learned Government Pleader for $A\pi$ consideration of this Court.

//TRUE COPY//

Sd/-K.TataRao ASSISTANT REGISTRAR SECTION OFFICER

To,

1. The Principal Secretary, Irrigation and Water Resources department, Government of Andhra Pradesh, Secretariat buildings Amaravati.

For

• 2. The Principal Secretary, Finance department, Government of Andhra Pradesh, Secretariat buildings Amaravati.
• 3. The District Collector, West Godavari District, Eluru.
• 4. The Engineer in Chief, Minor/Major Irrigation Department Irrigation Bhavan, Vijayawada, Krishna District.
• 5. The Superintendent Engineer, Irrigation circle office, Eluru, West Godavari District.
• 6. The Executive Engineer, Irrigation Division, Eluru West Godavari District. (Addressee Nos 1 to 6 by RPAD)
• 7. One CC to Sri. Bokka Satyanarayana, Advocate [OPUC]
• 8. Two CCs to GP for Irrigation and Command Area Development, High Court Of Andhra Pradesh. [OUT]
• 9. One spare copy

Skm

HIGH COURT

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DATED:05/10/2021

NOTE: LIST ON 28-10-2021

ORDER

WP.No.19144 of 2021

DIRECTION