Andhra Pradesh High Court - Amravati
Nimmagadda Naveen Krishna vs The State Of Andhra Pradesh on 2 September, 2025
APHC010450562024
■
IN THE HIGH COURT OF ANDHRA PRADESH
rfi AT AMARAVATI
■Ju (Special Original Jurisdiction)
TUESDAY,THE SECOND DAY OF SEPTEMBER ^/fit
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TWO THOUSAND AND TWENTY FIVE ^ yt
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PRESENT i.
HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 23305 OF 2024
Between:
Nimmagadda Naveen Krishna, S/o. Venkateswara Rao, Aged 29 Years,
Occ- Contractor, R/o. M14/15, New Market Bazar, Vijayapuri South,
Guntur, Guntur District.
...Petitioner
AND
1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation
and Command Area Development Department, Secretariat,
Velagapudi, Amaravathi.
2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance
and Planning Department, Secretariat, Velagapudi, Amaravathi.
3. The Chief EngineerProjects, NSP, Guntur. Guntur District.
4. The Superintending Engineer, NSJC O And M Circle, Lingamguntla.
Guntur District.
5. The Executive Engineer, NSJC Monitoring Division, Lingamguntla.
Guntur District.
6. The Dy Executive Engineer, NSJC Monitoring Sub-Division, Macherla.
Guntur District.
7. The Assistant Pay And Accents Officer, Works And Projects,
Narasaraopet. Guntur District/"
...Respondents
Petition under Article 226 of the Constitution of India praying that in the
dirpufnstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an appropriate writ or order or a direction more particularly
one in the nature of writ of MANDAMUS declaring the action of the
respondents in not releasing the admitted LS-1st And Final bill amount of
Rs.61,69,119/- even after finalized the bill long back payable to the petitioner
after successful execution of work for Urgent Repairs for damaged canal baks
at Had Sluice of Rampuram Major at Km.48.750 on Nagarjuna Sagar
Jawahar Canal vide Agt.No.01-SE/20 23-24 Dated 16.12.2023, in Water
Resources Department, NSJC O And M Circle Lingamguntia in NSJC
Monitoring Division, Lingamguntia, Guntur District which is illegal, arbitrary
and violative of Articles 14, 21 and 300-A of the Constitution of India and also
violative of principles of natural justice and consequently direct the
respondents to release the payment of amount for Rs.61,69,619/- due tojhe
petitioner in respect of execution of work forthwith interest of 1 Spercent.
lA 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 Court may be pleased
direct the respondents to release the admitted bill amount of Rs.61,69,619/-
due to the petitioner, after the successful execution of work for Urgent
Repairs for damaged canal baks at Had Sluice of Rampuram Major at
Km.48.750 on Nagarjuna Sagar Jawahar Canal vide Agt.No.01-SE/202 3-24,
Dated 16.12.2023, in Water Resources Department, NSJC O&M Circle,
Lingamguntia in NSJC Monitoring Division, Lingamguntia, Guntur District,
immediately, pending disposal of the main writ petition.
Counsel for the Petitioner: SRI BATTULA SANJAIAH GANDHI
Counsel for the Respondent Nos.1,3 to 6: GP FOR IRRI AND CAD
Counsel for the Respondent Nos.2 & 7: GP FOR FINANCE PLANNING
The Court made the following order:
APHC010450562024
IN THE HIGH COURT OF ANDHRA PRADESH
rfi AT AMARAVATI [3333]
•lu (Special Original Jurisdiction)
TUESDAY, THE SECOND DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 23305/2024
Between:
1.NIMMAGADDA NAVEEN KRISHNA, S/0. VENKATESWARA RAO,
AGED 29 YEARS, OCC- CONTRACTOR, R/0. M14/15 NEW
MARKET BAZAR, VIJAYAPURI SOUTH GUNTUR, GUNTUR
DISTRICT.
...PETITIONER
AND
1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT
DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI.
2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, FINANCE AND PLANNING DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATHI.
3.THE CHIEF ENGINEERPROJECTS, NSP, GUNTUR. GUNTUR
DISTRICT.
4.THE SUPERINTENDING ENGINEER, NSJC O AND M CIRCLE,
LINGAMGUNTLA. GUNTUR DISTRICT.
5.THE EXECUTIVE ENGINEER, NSJC MONITORING DIVISION,
LINGAMGUNTLA. GUNTUR DISTRICT.
6.THE DY EXECUTIVE ENGINEER, NSJC MONITORING SUB
DIVISION, MACHERLA. GUNTUR DISTRICT.
7.THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS AND
2
VS,J
W.P.NO.23305 of2024
PROJECTS, NARASARAOPET. GUNTUR 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 or order or a direction more particularly
one in the nature of writ of MANDAMUS declaring the action of the
respondents in not releasing the admitted LS-1st And Final bill amount of
Rs.61,69,119/- even after finalized the bill long back payable to the petitioner
after successful execution of work for Urgent Repairs for damaged canal baks
at Had Sluice of Rampuram Major at Km.48.750 on Nagarjuna Sagar
Jawahar Canal vide Agt.No.01-SE/20 23-24 Dated 16.12.2023, in Water
Resources Department, NSJC C And M Circle Lingamguntia in NSJC
Monitoring Division, Lingamguntia, Guntur District which is illegal, arbitrary
and violative of Articles 14, 21 and 300-A of the Constitution of India and also
violative of principles of natural justice and consequently direct the
respondents to release the payment of amount for Rs.61,69,619/- due to the
petitioner in respect of execution of work forthwith interest of 1 Spercent and to
pass
lA 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 Court may be pleased
Pleased direct the respondents to release the admitted bill amount of
Rs.61,69,619/- due to the petitioner, after the successful execution of work
for Urgent Repairs for damaged canal baks at Had Sluice of Rampuram
Major at Km.48.750 on Nagarjuna Sagar Jawahar Canal vide Agt.No.01-
SE/2023-24, Dated 16.12.2023, in Water Resources Department, NSJC C&M
Circle, Lingamguntia in NSJC Monitoring Division, Lingamguntia, Guntur
District, immediately, pending dispose! of the main writ petition and pass
lA 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 leave to the Respondent No. 5 to file Counter Affidavit in W.P.No. 23305
of 2024 and to pass
Counsel for the Petitioner:
3
VS,J
W.P.NO.23305 of2024
1.BATTULA SANJAIAH GANDHI
Counsel for the Respondent(S):
1.GP FORIRRI AND CAD
2.GP FOR FINANCE PLANNING
The Court made the following:
<1^ 4
VS,J
W.P.NO.23305 of2024
ORDER
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
'....to issue an appropriate writ or order or a direction more particuiarly in the nature of writ of MANDAMUS declaring the action of the one respondents in not releasing the admitted LS-1^^ & Final bill amount of Rs. 61,69,11 oz even after finalized the bill long back payable to the petitioner after successful execution of work for "Urgent Repairs for damaged canal banks at Head Sluice of Ramapuram Major at Km. 46. 750 Nagarjuna Sagar Jawahar Canal" vide Agt.No.01-SE/2023-24, dated on 16.12.2023, in Water Resources Department, NSJC 06<M Circle, Lingamguntia in NSJC Monitoring Division, Lingamguntia, Guntur District which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural Justice and consequently direct the respondents to release the payment of amount for Rs. 61,69,619/- due to the petitioner in respect of execution of work forthwith interest of 18% ..."
2. The petitioner had been awarded the work of "Urgent Repairs for damaged canal banks at Head Sluice of Ramapuram Major at Km.48.750 on Nagarjuna Sagar Jawahar Canal vide Agt.No.01-SE/2023-24, dated 16.12.2023, in Water Resources Department. After execution of the said work, a final bill was prepared for a sum of Rs.61,69,119/- as per the sanctioned orders confirming the same, respondents also issued quality control certificate dated 07.02.2024. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.
5.4 VS,J W.P.N0.23305 of 2024
2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non payment of money is clearly arbitrary and high-handed requiring the interference of this Court.
3. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
4. Respondent No.5 filed a counter, wherein it is admitted that the work was entrusted to the petitioner for agreement amount of Rs.60,46,225/-. It is further admitted that the petitioner has completed the works, and the final bill was prepared and the same was uploaded in the CFMS portal vide Bill No.2024-98337, dated 03.07.2024. However, due to non-release of the budget by the Government, the final bill has not been paid to the petitioner.
Soon after release of the budget by the Government, the bills will be paid to the petitioner, however, admitted the amount payable to the petitioner as per the quality control certificate dated 07.02.2024 filed by the petitioner to a tune of Rs.60,34,266/-.
5. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to retease the amount of Rs.60,34,266/- to the 6 VS,J W.P.N0.23305 of2024 petitioner in accordance with the quality control certificate dated 07.02.2024 issued by the respondents within a period of five (05) months from the date of receipt of a copy of this order. No costs.
6. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any amount which is due and payable, the same is binding upon both the parties.
7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
Sd/- K KASIRAQ ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Irrigation and Command Area Development Department, Secretariat, Velagapudi, Amaravathi.
2. The Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravathi.
3. The Chief EngineerProjects, NSP, Guntur. Guntur District.
4. The Superintending Engineer, NSJC O And M Circle, Lingamguntla.
Guntur District.
5. The Executive Engineer, NSJC Monitoring Division Lingamguntla. Guntur District.
6. The Dy Executive Engineer, NSJC Monitoring Sub-Division, Macherla. Guntur District.
7. The Assistant Pay And Accounts Officer, Works And Projects, Narasaraopet. Guntur District.
8. One CC to Sri. Battula Sanjaiah Gandhi, Advocate [OPUC]
9. Two CCs to GP For Irri And Cad, High Court of Andhra Pradesh [OUT]
10.Two CCs to GP For Finance Planning, High Court of Andhra Pradesh [OUT]
11.Two CD Copies.
AL
HIGH COURT TL
DATED:02/09/2025
ORDER
WP NO. 23305 OF 2024
i&i
^ 2 0 SEP 2025
oV Co
i
Sectioji/^
DISPOSING OF THE W.P. WITHOUT COSTS