APHC010221892024 IN THE HIGH COURT OF ANDHRA PRADESH [3333]

AT AMARAVATI (Special Original Jurisdiction)

MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11494/2024 Between:

1. K . MOTHILALA NAIDU, S/O. KUMAR SWAMY NAIDU AGE 57 YEARS, R/O. D. NO. 405, SUNRISE PARK APARTMENT SRIKALAHASTI, TIRUPATI DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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

3. T HE EXECUTIVE ENGINEER, IRRIGATION DIVISION SRIKALAHASTI, TIRUPATI 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 tomay be pleased to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying bill amounts towards the execution of the works i.e. i) Restoration of Surplus weir, Surplus course and Construction of Protection walls to field channel under Sluice No. 2 and 3 of Chundi tank near Rajugunta Village in Srikalahasti Mandal of Chittoor District under Agreement No. 04 DN/2022-23, Dated 12.05.2022 for an amount of Rs. Rs. 21,37,073/-, ii) Construction of Protection walls @ Vedalla Cheruvu field channels near Bhimavaram SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 22 DN/2022-23, Dated 23.05.2022 for an amount of Rs. 28,18,219/-, iii) Construction of Protection walls @ Sluice No. 1 2 of Bhimavaram SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 20 DN/2022-23, Dated 23.05.2022 for an amount of Rs. 36,53,874/-, iv) Restoration of Surplus weir. Surplus course and Construction of Protection walls to field channel under Sluice of Malavanigunta tank near Inagaluru Village in Srikalahasti Mandal of Chittoor District under Agreement No. 31 DN/2022-23 24.05.2022 for an amount of Rs. 33,63,563/-, v) Construction of Pipe Culvert Across Surplus course of Kuntipudi tank near Kuntipudi SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 95 DN/2021-22 for an amount of Rs. 21,59,973/-, vi) Restoration of Surplus course and Varavakalava of Ramanujapalli SC Colony in Srikalahasti Mandal of Chittoor District under Agreement No. 97/ DN/2021-22 for an amount of Rs. 15,61,283/-, vii) Emergency repairs to the Damaged bund of Sadasivakona Reservoir near Chellur Village in Yerpedu Mandal of Chittoor District under Agreement No. 06 DN/2021- 22 for an amount of Rs. 35,95,200/-, viii) Construction of Pipe Culvert across Nakkala Kalava Harijanawada of Penkulapadu Village in Srikalahasti Mandal of Chittoor District under Agreement No. 19 DN/2022-23 for an amount of Rs. 34,59,786/-, ix) Restoration of Irrigation Channels of Venugopalapuram Big tank near Suravaripalli (V) in Srikalahasti (M) of Chittoor District under Agreement No. 106 DN/2021-22 for an amount of Rs. 17,17,199/- and x) Reconstruction of Sluice, Repairs to Surplus weir and Construction of Protection walls to field channel under sluice of Pathagunta small tank near Transformer Harijanawada in Srikalahasti Mandal of Chittoor District under Agreement No. 24 DN/2022-23 for an amount of Rs. 33,71.904/- in spite of approval, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the above approved bill amounts along with interest to the petitioner in the interest of justice and to pass such IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High