APHC010627052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY,THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32559 of 2025 Between:

1. M /S. ARK CONSTRUCTIONS, REP BY MANAGING PARTNER N.V.RAMAKRISHNA REDDY, S/O.SURYANARAYANA REDDY, AGED ABOUT 38 YEARS, D.NO.6-36/1, SATYA SAI COLLEGE ROAD, RAVULAPALEM VILLAGE&MANDAL, KAKINADA DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP.by ITS PRL. SECRETARY-

IRRIGATION, SECRETARIAT,VELAGAPUDI, GUNTUR DISTRICT.

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

3. T HE SUPERINTENDING ENGINEER SE, DHAVALESWARAM CIRCLE - RAJAHMUNDRY EAST GODAVARI DISTRICT.

4. T HE EXECUTIVE ENGINEER, DRAINAGE DIVISION WATER RESOURCES DEPARTMENT, KAKINADA, KAKINADA DISTRICT.

5. T HE ASSISTANT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION SUB DIVISION, KAKINADA, KAKINADA DISTRICT.

6. T HE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPT, IRRIGATION SUB DIVISION, KAKINADA, KAKINADA DISTRICT.

7. T HE PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, IBRAHIMPATNAM, VIJAYAWADA, NTR 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 a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the action of the respondents in not making the payments covered under the work orders a) Rs. 5,40,327/-(Five Lakhs Forty Thousand Three Hundred Twenty Seven rupees) after deducting the various fees for Dr.No.31/24-25 and LS.N0.15/24-25. b) Rs. 5,20,093/-(Five Lakhs Twenty Thousand Ninety Three rupees) after deducting the various fees for Dr.No.37/24-25 and LS.No.19/24-25. c) Rs. 5,05,366/-(Five Lakhs Five Thousand Three Hundred Sixty Six rupees) after deducting the various fees for Dr.No.32/24-25 & LS.No.16/24-25 respectively Total amount of Rs. 15,65,786/-(Fifteen Lakhs Sixty Five Thousand Seven Hundred Eighty Six rupees) though I am r submitting the bill certificates as illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and further direct the respondents to clear the bills covered under three work orders in Letter No. E.E/DD/KKD/DB/TA/F. Weed/ Dated.31-07-2024, D.R.No.31/2024- 25 for Rs. 5,40,327/-, Letter No. E.E/DD/KKD/DB/TA/F. Weed/ Dated.30-07- 2024, D.R.No.37/2024-25 for Rs. 5,20,093/-, Letter No. E.E/DD/KKD/DB/TA/F. Weed/Dt.20-07-2024, D.R.No.32/2024-25 for Rs.5,05,366/- respectively by raising the forthwith.

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 grant interim direction directing the respondents to clear the bills covered under the three work orders in Lr.No. E.E/DD/KKD/ DBTTA/F. Weed/ Dated.31-07-2024, D.R.No.31/2024-25 for Rs. 5,40,327/-, Letter No. E.E/DD/KKD/DB/TA/F. Weed/ Dated.30- 07-2024, D.R.No.37/2024- 25 for Rs. 5,20,093/-, Lr.No.E.E/DD/KKD/DB/TA/F.Weed/ Dated.20-07-2024, D.R.No.32/2024-25 for Rs.5,05,366/-, Total amount of Rs. 15,65,786/- (Fifteen Lakhs Sixty Five Thousand Seven Hundred Eighty Six rupees) to the petitioner pending disposal of the above writ petition.

Counsel for the Petitioner:

1. SRI SUDHA AKULA Counsel for the Respondent(S):

1. GP FOR IRRI AND CAD

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

The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the action of the respondents in not making the payments covered under the work orders a) Rs. 5,40,327/-(Five Lakhs Forty Thousand Three Hundred Twenty Seven rupees) after deducting the various fees for Dr.No.31/24-25 and LS.N0