APHC010717092025 IN THE HIGH COURT OF ANDHRA PRADESH [3333]

AT AMARAVATI (Special Original Jurisdiction)

THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 280/2026 Between:

1. T . NARESH,, S/O. T. MARUTHIRAO, AGED ABOUT 31 YEARS, OCC-CONTRACTOR, R/O. 1-27, NANDIVADA, VENBABAOYDU, KRISHNA DISTRICT-521321.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS.

PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT

3. T HE SUPERINTENDNETING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, VIJAYAWADA, N.T.R. DISTRICT.

4. T HE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION GUDIVADA, KRISHNA DISTRICT. ...RESPONDENT(S):

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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not refunding he deposit amount of Rs.1,37,065/- in respect of works i.e ) Agreement No. 73/2023-24, 2) Agreement No. 74/2023-24 dated. 13.10.2023 name of the work FDR-Desilting of Thallapalem Major drain from Km 1.571 to KM 1.773 and FDR- Desilting of Thallapalem Major Drain from KM 0.650 to KM 0.828 vide M.Book Nos. 5782DG and vide QC.Nos. 41957 and 41953 respectively which in Drainage Division, Gudivada, Krishna District Under Water Resources Department as per agreement to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreement as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the refunding the deposits (EMD and FSD) amount of Rs.1,37,065/- to the petitioner with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above mentioned works forthwith and to pass IA NO: 1 OF 2026 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 pleased to direct the respondents releasing the refunding the deposits (EMD&FSD) amount of Rs.1,37,065/- to the petitioner for execution of completion of works as per agreements forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner:

1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S):

1. GP FOR IRRI AND CAD

2. GP FOR FINANCE PLANNING The Court made the following:

ORDER:-

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not refunding he deposit amount of Rs.1,37,065/- in respect of works i.e.,1) Agreement No. 73/2023- 24, 2) Agreement No. 74/2023-24 dated. 13.10.2023 name of the work FDR-Desilting of Thallapalem Major drain from Km 1.571 to KM 1.773 and FDR- Desilting of Thallapalem Major Drain from KM 0.650 to KM 0.828 vide M.Book Nos.5782DG and vide QC.Nos. 41957 and 41953 respectively which in Drainage Division, Gudivada, Krishna District Under Water Resources Department as per agreement to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreement as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the refunding the deposits (EMD and FSD) amount of Rs.1,37,065/- to the petitioner with interest @12percent