POCHA VENKATA REDDY vs THE STATE OF ANDHRA PRADESH

APHC010404572023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NOs: 20765, 12265, 20744, 20745, 20751, 20760, 20788, 20792 and 20795 of 2023 W.P.No.20765 of 2023 Between: 1.

POCHA VENKATA REDDY, S/ O.

PULLA REDDY, AGED ABOUT 56 YEARS, OCC.

CONTRACTOR, R/O.

BRAHAM TOWER, PLOT NO.104, NGO'S COLONY ROAD, NANDYAL, KURNOOL DISTRICT ...PETITIONER AND 1.

THE STATE OF AP, REP.

BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2.

BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

3.

THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, KURNOOL, KURNOOL DISTRICT.

4.

THE EXECUTIVE ENGINEER, K.C.CANAL DIVISION, NANDYAL, KURNOOL DISTRICT.

5.

THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, -ELM FLOOR, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT.

2 ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.4,58,345/- vide M Book No.6392 ALA (A), even after finalizing the bills, payable to the petitioner in relation to the works i.e., Repairs to side walls at 3.800 km Chintakunta branch channel under P.Chintakunta tank supply channel in P.Chintakunta (V), Allagadda (M) of Kurnool District, vide Agreement No.218/2021-22, dated 10.08.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,58,345/- vide M Book No.

M Book No.6392 ALA (A) with interest @24 PERCENT per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2023 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 please to direct. the respondents to pay for payment of amount of Rs.4,58,345/- vide M Book No.6392 ALA (A) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e.

Repairs to side walls at 3.800 km Chintakunta branch channel under P.Chintakunta tank supply channel in P.Chintakunta (V), Allagadda (M) of Kurnool District, vide Agreement No.218/2021-22, dated 10.08.2021, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.

BATHALA RAMESH Counsel for the Respondent(S): 1.

GP FOR FINANCE PLANNING 2.

GP FOR IRRIGATION COMM AREA DEV W.P.No.12265 of 2023 Between: 1.

P VENKATA REDDY, S/O.

PEDDA VEERA REDDY, AGED ABOUT 52 YEARS, OCC.

NANDYAL VILLAGE, NANDYAL 3 MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1.

THE STATE OF ANDHRA PRADESH, REP.

THE ENGINEERINCHIEF IRRIGATION, , WRD, VIJAYAWADA, KRISHNA DISTRICT.

THE EXECUTIVE ENGINEER, K.C.CANAL DIVISION, NANDYAL, KURNOOL 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 a writ of mandamus or any other appropriate writ or direction challenging the action of the 4th Respondent in issuing the impugned Letter No.

EE/KCC/NDL No.

118, dated 02.03.2023 for recovery of Rs.35. of Rs.35.04 Lakhs based on Vigilance report after expiry of the defect liability period and without given any prior notice before given Vigilance and Enforcement report No.10 (C.No.4916/V86E/Eng/2019, dated 04.06.2020 is questioned, as the same is illegal, arbitrary, unconstitutional, against the principle of Natural Justice and violation of the GO.Ms.No.

94 and Contract Agreement conditions and consequently set aside the impugned Letter No.

118, dated 02.03.2023 and pass IA NO: 1 OF 2023 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 please to stay all further proceedings pursuant to the impugned Letter No.

118, dated 02.03.2023, pending disposal of the Writ Petition and pass IA NO: 1 OF 2024 4 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 grant leave by condoning the delay in filing of the counter affidavit and allow the same to come on record, else, this respondent and Government will suffer irreparable loss and injury and pass Counsel for the Petitioner: 1.

GP FOR IRRIGATION COMM AREA DEV W.P.No.20744 of 2023 Between: 1.

POCHA VENKATA REDDY,, S/O.

BRAHAM TOWER, PLOT NO.104, NGO'S COLONY ROAD, NANDYAL, KURNOOL DISTRICT. ...PETITIONER AND 1.

STRICT.

THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 5 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.4,41,131/- vide M Book No.6409 ALA (A), even after finalizing the bills, payable to the petitioner in relation to the works i.e., Construction of pipe culvert on Devarayanapuram distributory F.Cs under K.C.Canal in Allagadda (M), Kurnool District, vide Agreement No.

222/2021-22, dated 10.08.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,41,131/- vide M Book No.6409 ALA (A) with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2023 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 please to direct the respondents to pay for payment of amount of Rs.4,41,131/- vide M Book No.6409 ALA (A) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e.

Construction of pipe culvert on Devarayanapuram distributory F.Cs under K.C.Canal in Allagadda (M), Kurnool District, vide Agreement No.

222/2021- 22, dated 10.08.2021, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.

GP FOR IRRIGATION COMM AREA DEV W.P.No.20745 of 2023 Between: 1.

POCHA VENKATA REDDY, S/O.

EARS, OCC.

BRAHAM TOWER, PLOT 6 NO.104, NGO'S COLONY ROAD, NANDYAL, KURNOOL DISTRICT ...PETITIONER AND 1.

THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, GIL FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.4,77,486/- vide M Book No.6410 ALA (A), even after finalizing the bills, payable to the petitioner in relation to the works i.e., Repairs to side walls at 3.500 Km P.Chintakunta Tank Supply channel under K.C.Canal in P.Chintakunta (V) Allagadda (M) of Kurnool (Dt), vide Agreement No.217/2021-22, dated 10.08.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,77,486/- vide M Book No.6410 ALA (A) with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pas IA NO: 1 OF 2023 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 7 please to direct the respondents to pay for payment of amount of Rs.4,77,486/- vide M Book No.

M Book No.6410 ALA (A) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e.

Repairs to side walls at 3.500 Km P.Chintakunta Tank Supply channel under K.C.Canal in P.Chintakunta (V) Allagadda (M) of Kurnool (Dt), vide Agreement No.217/2021-22, dated 10.08.2021, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.

GP FOR IRRIGATION COMM AREA DEV W.P.No.20751 of 2023 Between: 1.

THE EXECUTIVE ENGINEER, K.C.CANAL DIVISION, NANDYAL, 8 KURNOOL DISTRICT.

THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, 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 a writ of mandamus or any other appro4iate writ or direction declaring the action of the Respondents not releasing the amount of Rs.4,70,056/- vide M Book No.

6405 ALA (A), even after finalizing the bills, payable to the petitioner in relation to the works i.e., Repairs to side walls and Droop at 3.600 Km to 3.650 Km on Chintakunta branch Channel under P.Chinthakunta supply channel in P. nnel in P.Chintakunta (V), Allagadda (M) of Kurnool District, vide Agreement No.

219/2021- 22, dated 10.08.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,70,056/- vide M Book No.

6405 ALA (A) with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2023 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 please to direct the respondents to pay for payment of amount of Rs.4,70,056/- vide M Book No.

6405 ALA (A) with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of works i.e.

Repairs to side walls and Droop at 3.600 Km to 3.650 Km on Chintakunta branch Channel under P.Chinthakunta supply channel in P.Chintakunta (V), Allagadda (M) of Kurnool District, vide Agreement No.

219/2021-22, dated 10.08.2021, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.

GP FOR IRRIGATION COMM AREA DEV 9 W.P.No.20760 of 2023 Between: 1.

CONTRACTOR, R/ O.

THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.4,25,306/- vide M Book No.6391 ALA (A), even after finalizing the bills, payable to the petitioner in relation to the works i.e., Reconstruction of side walls at 2.00 km on Devarayapuram Distributory under K.C.Canal in Allagadda (M) of Kurnool District, vide Agreement No.223/2021- 22, dated 10.08.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,25,306/- vide M Book No.6391 ALA (A) with interest @24percent per annum for the delayed 10 amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2023 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 please to direct the respondents to pay for payment of amount of Rs.4,25,306/- vide M Book No.6391 ALA (A) with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of works i.e.

Reconstruction of side walls at 2.00 km on Devarayapuram Distributory under K.C.Canal in Allagadda (M) of Kurnool District, vide Agreement No.223/2021-22, dated 10.08.2021, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.

GP FOR IRRIGATION COMM AREA DEV W.P.No.20788 of 2023 Between: 1.

BRAHAM TOWER, PLOT NO. , PLOT NO.104, NGO'S COLONY ROAD, NANDYAL, KURNOOL DISTRICT. ...PETITIONER AND 1.

BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 11 DISTRICT.

THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.4,34,402/- vide M Book No.5288 ACA (A), even after finalizing the bills, payable to the petitioner in relation to the works i.e., Construction of side walls at 1.300 Km on P.Chintakunta Tank Distributary under K.C.Canal in Kurnool District, vide Agreement No.

221/2021-22, dated 10.08.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,34,402/- vide M Book No.5288 ACA (A) with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2023 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 please to direct the respondents to pay for payment of amount of Rs.4,34,402/- vide M Book No.

M Book No.5288 ACA (A) with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of works for Construction of side walls at 1.300 Km on P.Chintakunta Tank Distributary under K.C.Canal in Kurnool District, vide Agreement No.

221/2021-22, dated 10.08.2021, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.

BATHALA RAMESH Counsel for the Respondent(S): 12 1.

GP FOR IRRIGATION COMM AREA DEV W.P.No.20792 of 2023 Between: 1.

POCHA VENKATA REDDY, , S/O.

THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.4,60,588/- vide M Book No.6406 ALA (A), even after finalizing the bills, payable to the petitioner in relation to the works i.e., Repairs to side walls and Droop at 4.200 Km to 4.350 Km on P.Chintakunta Tank Supply Channel in P.Chintakunta Village, Allagadda (M) of Kurnool District, vide Agreement 13 No.220/2021-22, dated 10.08. ted 10.08.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,60,588/- vide M Book No.6406 ALA (A) with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2023 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 please to direct the respondents to pay for payment of amount of Rs.4,60,588/- vide M Book No.6406 ALA (A) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e.

Repairs to side walls and Droop at 4.200 Km to 4.350 Km on P.Chintakunta Tank Supply Channel in P.Chintakunta Village, Allagadda (M) of Kurnool District, vide Agreement No.220/2021-22, dated 10.08.2021, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.

GP FOR IRRIGATION COMM AREA DEV W.P.No.20795 of 2023 Between: 1.

14 2.

THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. ...

TRICT. ...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 a writ of mandamus or any other approiate writ or direction declaring the action of the Respondents not releasing the amount of Rs.4,19,674/- vide M Book No.6402 ACA (A), even after finalizing the bills, payable to the petitioner in relation to the works i.e., Reconstruction of side walls of on Devaayapuram sluice under K.C.Canal near Devarayapuram (V), Allagadda (M) in Kurnool (Dt), vide Agreement No.224/2021-22, dated 10.08.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,19,674/- vide M Book No.6402 ACA (A) with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2023 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 please to direct the respondents to pay for payment of amount of Rs.4,19,674/- vide M Book No.6402 ACA (A) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e.

Reconstruction of side walls of on Devaayapuram sluice under K.C.Canal near Devarayapuram (V), Allagadda (M) in Kurnool (Dt), vide Agreement No.224/2021-22, dated 10.08.2021, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 15 1.

GP FOR IRRIGATION COMM AREA DEV 16 The Court made the following COMMON ORDER: Aggrieved by non-payment of bill amounts to the petitioner for the work executed under different agreements, the present writ petitions are filed.

Heard Ms.

Heard Ms.Madhavi, learned counsel representing Sri Bathala Ramesh, learned counsel for the petitioner and Sri Satish Kumar, learned Assistant Government Pleader for Irrigation for the respondents.

Since the petitioner in all the writ petitions and the issue involved is one and same, all the matters are heard and disposed of together by way of this common order.

Learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation collectively submitted that the amounts so claimed in the writ petitions have been paid and received by the petitioner and in view of the same, prayed to close the writ petitions.

Recording their submissions, as the authorities have paid the amounts as claimed in the present writ petitions, the writ petitions are liable to be closed.

6.

Accordingly, the Writ Petitions are closed.

There shall be no order as to costs.

As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 28.01.2026.

JLV 17 294 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NOs: 20765, 12265, 20744, 20745, 20751, 20760, 20788, 20792 and 20795 of 2023 Date: 28.01.2025.

JLV