$[3164]$

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: 19570 OF 2021

Between:

K.V. Ramana Reddy, S/o K.V.Stibba Reddy, aged about 45 years, Occ Contractor Class II, Plot No.301, Sri Avenue, Maruthi Co-Op.Colony, Patamata Vijawada, Krishna Dist.

Petitioner

जयत

AND

• 1. The State 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, Krishna district, Machilipatnam.
• 4. The Engineer, in Chief (Irrigation ) Irrigation Compound Governor Pet Viajayawada, Krishna Dist.
• 5. 5 The Chief Engineer, Major/Minor Irrigation and Water Resources Department, Viajayawada, Krishna Dist.
• 6. The Superintendent Engineer, Irrigation circle office, Viajayawada, Krishna Dist.
• 7. The Executive Engineer, Water Resources Department, Special Division Viajayawada, Krishna Dist

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 action on the part of the respondents here in not releasing the withhold amounts in the bills of Execution and completion of works for Improvements to the village tank at Atkuru village Ungutur Mandal in krishna dist. worth of Rupees 6.00.000/with interest as per the agreement 1 No.28 SE /2017-18 dt 22-8-2017 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 direct the respondents to release and pay without hold amounts worth of Rupees Rs.6,00,000/- with interest 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 release and pay without hold amounts worth of Rupees 6,00,000/- within interest forthwith as per agreement, pending disposal of WP 19570 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 for Respondent Nos 1, 4 to 7 and GP for Finance and Planning for Respondent No.2, GP for Revenue for Respondent No.3, the Court made the following

ORDER:

At request of the learned Government Pleader for Irrigation and Command Area Development, for counter, list on $28.10.2021$ . $\tilde{\mathbf{v}}_1$

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 $\sqrt{ }$ consideration of this Court. $10/1$

Sd/-P.Vinod Kumar

SECTION OFFICER

ASSISTANT REGISTRAR

//TRUE COPY//

To,

• 1. The Principal Secretary Irrigation and Water Resources Department, State of A.P., Secretariat buildings Amaravati.
• 2. The Principal Secretary, Finance Department, Government of Andhra Pradesh, Secretariat buildings Amaravati.
• 3. The District Collector, Krishna district, Machilipatnam.
• 4. The Engineer, in Chief (Irrigation ) Irrigation Compound Governor Pet Viajayawada, Krishna Dist.
• 5. The Chief Engineer, Major/Minor Irrigation and Water Resources Department, Viajayawada, Krishna Dist.
• 6. The Superintendent Engineer, Irrigation circle office, Viajayawada, Krishna Dist.
• 7. The Executive Engineer, Water Resources Department, Special Division Viajayawada, Krishna Dist (Addressee Nos 1 to 7 by RPAD)
• 8. One CC to Sri. Bokka Satyanarayana, Advocate [OPUC]
• 9. Two CCs to GP FOR IRRIGATION, High Court Of Andhra Pradesh. [OUT] -
• 10. Two CCs to GP for Revenue, High Court of A.P., at Amaravati (OUT)
• 1. Two CCs to GP for Finance and Planning, High Court of A.P., at Amaravati (OUT)
• 11. One spare copy

Skm

HIGH COURT

$\mathbf{M}\mathbf{V}\mathbf{R}\mathbf{J}$

$\mathcal{L} \leftarrow \mathcal{L} \leftarrow \mathcal{L}$

DATED:05/10/2021

ORDER

WP.No.19570 of 2021

DIRECTION