IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT (Special Original Jurisdiction) THUESDAY, THE TWENTY EIGTH 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

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 Viajavawada, Krishna Dist.
• 5. 5 The Chief Engineer, Major/Minor Irrigation and Water Resources Department, Viajavawada, 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 Articles 14,16,21 of the 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 the order of the High Court, dated 05.10.2021 made 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:

Heard Sri C.Sumon, learned Special Government Pleader, Office of the Advocate General and learned Government Pleader for Irrigation and Command Area Development.

The learned Special Government Pleader now informs that steps are initiated by issuing necessary orders today by the Principal Secretary, Irrigation and Water Resources Department (2nd respondent) to carry out investigation in all the cases. By the order, dated 05.10.2021, the respondents were directed to file counter affidavits with a rider that no further time would be granted in default.

It was further directed that this Court would be forced to pass an interim order in all the pending interlocutory applications directing the respondents to meet the prayer sought therein. The Engineer-in-Chief was also directed by the same order to get a statement prepared in respect of the instances where processing the matters without any difficulty is seen without any complaint and also the instances where there is requirement of vigilance enquiry on account of the nature of works carried out.

No such statement is forthcoming till now. Very action of the 2nd respondent in initiating investigation this day demonstrates the seriousness they have attached to the order of this Court, dated 05.10.2021.

Sri C.Sumon, learned Special Government Pleader and the learned Government Pleader for Irrigation and Command Area Development have tried to persuade this Court requesting time for filing counter affidavits and not to pass interim orders. Though their entreaties required consideration in all seriousness since the Court has to trust and believe them, the same vardstick cannot be applied to the respondents/public servants in view of sheer indifference demonstrated by them in respect of the order, dated 05.10.2021. $\leftarrow$

Therefore, the following interim order. The respondents are directed to release and pay bills for the amount claimed by the petitioner, within a period of four (04) weeks from now. $\angle$

//TRUE COPY//

Sd/-M.RameshBabu ASSISTANT REGISTRAR SECTION OFFICER

( __∙

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)
• 11. Two CCs to GP for Finance and Planning, High Court of A.P., at Amaravatr $(OUT)$
• 12. One spare copy

SRL

HIGH COURT

$MVR,J$

DATED:28/10/2021

NOTE: LIST THIS MATTER FOUR (04) WEEKS LATER FOR FILING COUNTER AFFIDAVITS BY THE RESPONDENTS

ORDER

WP.No.19570 of 2021

DIRECTION