APHC010426292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

FRIDAY,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22532/2025 Between:

1. S RI. POCHA VENKATA REDDY,, S/O. PUL LA REDDY, D.NO.2-

150, BODEMMANUR VILLAGE, UYYALAWADA MANDAL, NANDYAL DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, IRRIGATION AND CAD DEPARTMENT (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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

3. T HE DISTRICT COLLECTOR AND MAGISTRATE, NANDYAL

4. T HE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT, KURNOOL.

5. T HE SUPERINTENDENT ENGINEER, TELUGU GANGA PROJECT CIRCLE, NANDYAL.

6. T HE EXECUTIVE ENGINEER, T.G.P. DISTRIBUTORY DIVISION NO.1 NANDYAL.

7. T HE DEPUTY EXECUTIVE ENGINEER, TGP DISTRIBUTORY SUB DIVISION NO.2, GAJULAPALLI AT NANDYAL.

8. A V V KUMARI, ASSISTANT EXECUTIVE ENGINEER, TCP DISTRIBUTORY SUB DIVISION NO.2, GAJULAPALLI AT NANDYAL. PRESENT WORKING AT TGP SUB DIVISION NO.L, NANDYAL.

9. G JAGADESH, ASSISTANT EXECUTIVE ENGINEER, TGP DISTRIBUTORY SUB DIVISION NO.2, GAJULAPALLI AT NANDYAL.

...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 declaring the action of the Respondents in withholding the payments of pending amount of Rs.51,73,954/- (Fifty One lakhs Seventy three thousand Nine Hundred and fifty four Rupees) even after finalizing the bills, payable to the petitioner in relation to the work Construction of lining to Block No. 10 Major of TGP near Bukkapuram (v) Mahanandi (M) in Kurnool District to avoid water logging and supply water to 2L Minor as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.51,73,954/- (Fifty One lakhs Seventy three thousand Nine Hundred and fifty four Rupees) forthwith release the payments of above bill amount along with 12percent interest 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 to release and pay the amounts of Rs.51,73,954/- (Fifty One lakhs Seventy three thousand Nine Hundred and fifty four Rupees) release the payments of the bill amount along with

12% interest, pending disposal of the writ petition Counsel for the Petitioner:

1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S):

1. GP FOR IRRI AND CAD

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

ORDER:

The case of the petitioner herein is that he is a registered contractor engaged in civil works in Kurnool District and surrounding regions. The petitioner was awarded the work of Construction of lining to Block No.10 Major of Telugu Ganga Project near Bukkapuram Village, Mahanandi Mandal, Kurnool District, as per the executed agreement to avoid water logging and supply of water to 2L Minor. The petitioner has completed the work to a tune of Rs.15,08,843/- during the agreement period and the balance work to a tune of Rs.93,09,569/- is yet to be done.

It is his further case that the work is delayed due to the release of water in main canal and 10^th block for the development of ayacut for the period and due to heavy rains. The 1^st extension of time was granted up to 30.06.2018 and thereafter, the petitioner has applied for 2^nd extension time up to 31.08.2019 and the same was recommended by the 6^th respondent, however, the same was not granted. It is his further case that he has completed the casting of PCC sla