APHC010537712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27905/2025 Between:

1. S RI BALAJI CONSTRUCTIONS, MANAGING PARTNER CHERUKURI VENKATA SURYANARAYANA MURTHY RAJU, S/O. CHEKURI PULLAM RAJU, AGED ABOUT 51 YEARS, D.NO.1-120, AGRAHARAM, NEAR SIVALAYAM, KAJULURU MANDALAM PALLIPALEM, EAST GODAVARI DISTRICT.

...PETITIONER AND

1. T HE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION 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 DISTRICT COLLECTOR, (IRRIGATION WING) KAKINADA, KAKINADA DISTRICT.

4. T HE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT.

5. T HE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, DOWALESWARAM, EAST GODAVARI DISTRICT.

6. T HE EXECUTIVE ENGINEER, IRRIGATION WATER, RESOURCES DEPARTMENT, DRAINAGE DIVISION, KAKINADA, KAKINADA 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 25,17,867/ 18PERCENT GST, 1) Amount of Rs. 6,61,528/- vide Agreement No. 9/2022- 23, for which the work Annual Maintenance towards removal of weed growth from Biccavolu Major Drain from Km 11.80 to 27.00 in GE Delta2) Amount of Rs. 3,44,326/- vide Agreement No. 10/2022-23, for which the work Annual Maintenance towards removal of weed growth form Vetlapalem Major, Tooteru Medium and Atchuthapuram Minor Drains in GE delta, 3) Amount of Rs. 4,30,559/- vide Agreement No. 12/2022-23, for which the work Annual Maintenance towards removal of weed growth from West Yeleru Major drain from KM 0.00 to KM 6.600 in GE delta 4) Amount Rs. 2,89,017/-, vide its Agreement No. 11/2022-23, for which the work Annual Maintenance towards removal of weed growth from West Yeleru Major Drain from KM 6.70 to KM 10.70 in GE Delta 5) Amount Rs. 4,72,592/-, vide its Agreement No. 92/2023- 24, for which the work Annual Maintenance towards removal of weed growth from West Yeleru Major Drain from KM 0.00 to KM 6.600 in GE 6) Amount of Rs. 3,19,845/- vide Agreement No. 93/2023-24, for which the work Annual Maintenance towards removal of weed growth from West Yeleru Major drain from KM 6.70 to KM 10.70 in GE delta with interest of execution and completion of O M works under Irrigation department as per agreement to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 25,17,867/ 18 PERCENT GST for execution of completion of O M works under Irrigation Department as per agreement, to the petitioner forthwith, and pass IA NO: 1 OF 2025 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 to direct the respondents releasing the Final Bills of total amount worth of Rs.

25,17,867/- + 18% GST, for execution of completion of O & M works under Irrigation Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition and pas Counsel for the Petitioner:

1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S):

1. GP FOR IRRI AND CAD

2. GP FOR FINANCE PLANNING The Court made the