Andhra Pradesh High Court
WP/25646/2025 of BORRA SUBBA RAO Vs THE STATE OF ANDHRA PRADESH on 1 April 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25646/2025 Between: 1. BORRA SUBBA RAO, S/O RAMANUJARAO, AGED ABOUT 35 YEARS, OCC
APHC010479812025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY,THE SECOND DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 25646/2025
Between:
1. BORRA SUBBA RAO, S/O RAMANUJARAO, AGED ABOUT 35
YEARS, OCC BUSINESS, R/O H.N0.3-25-A, LAAKU DOWN, KURADA VILLAGE AND MANDAL, KRISHNA DISTRICT
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT
DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT.
2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND
PLANNING SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT.
3. THE
DISTRICT
COLLECTOR,
KRISHNA
DISTRICT,
MACHILIPATNAM CITY, COLLECTOR OFFICE, KRISHNA DISTRICT.
4. THE DIRECTOR OF WORKS AND ACCOUNTS, THE DIRECTOR OF
WORKS
AND
ACCOUNTS,
NIDHI
BHAVAN,
1ST
FLOOR,
MANGALAGIRI, GUNTUR DISTRICT.
5. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIVADA, KRISHNA DISTRICT.
6. THE EXECUTIVE ENGINEER, KRISHNA EASTERN DIVISION, VIJAYAWADA.
7. 7 THE PAY AND ACCOUNT OFFICER, THIRD FLOOR, RAMA
MANDIR STREET, ARUNDALPET, GOVERNOR PET, VIJAYAWADA.
...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 t to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment an mount of 1) Rs. 12,00,000/- 2) Rs. 18,20,000/- 3) Rs.6,50,000/- and 4) Rs.6,20,000/- even after finalizing the bills, payable to the petitioner in relation to the work i.e.,(i) O and M to Removal of eed Growth from Major, Medium and Minor Drains (in weed-free condition) in Pedaparupudi Mandal under Drainage section, Gudivada for the year 2024-2025, vide Agreement No. 18/2024- 25, dated 19-07-2024 (ii). O and M to Removal of Weed Growth in adlamannadu Major Drainage Basin for the year 2024-2025 vide Agreement No. 19/2024-25 dated 19-07-2024(iii) Restoration of Irrigation System for effective Water Regulation including Monitoring and Management on Lower Pulleru Canal Right Bank from Km 45.200 to Km 45.600 and Left Bank from 45.700 to Km 46.100 in Upper Gudivada Section, Pamarru limits,for the year 2024-2025, vide Agreement No.70/2024-25, dated 31-01- 2025, and (iv). Restoration of Irrigation System for effective Water Regulation including Monitoring and Management of Nakkalacodu Channel under the jurisdiction of Jonnapadu Section, Gudivada for the year 2024-2025, vide Agreement No.71/2024-25, dated 31-01-2025 as the same is illegal. arbitrary and consequently direct the respondents to consider for payments of 1)
Rs.12,00,000/- 2) Rs.18,20,000/- 3) Rs.6,50,000/- and 4) Rs.6,20,000/-, with interest and12percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass 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 pleased to direct the respondents to consider for payment of final Bill amounts 1) Rs. 12,00,000/- 2) Rs. 18,20,000/- 3) Rs.6,50,000/- and 4)
Rs.6,20,000/- with interest 12percentage per annum for the delayed amount to the petitioner in respect of execution of works (i) O and M to Removal of Weed Growth from Major, Medium and Minor Drains (in weed-free condition)
in Pedaparupudi Mandal under Drainage Section, Gudivada for the year 2024- 2025, vide Agreement No. 18/2024-25, dated 19-07-2024; (ii). O and M to Removal of Weed Growth in Vadlamannadu Major Drainage Basin for the year 2024-2025, vide Agreement No. 19/2024-25, dated 19-07-2024; (iii).
Restoration of Irrigation System for effective Water Regulation including Monitoring and Management on Lower Pulleru Canal Right Bank from Km 45.200 to Km 45.600 and Left Bank from Km 45.700 to Km 46.100 in Upper Gudivada Section, Pamarru limits, for the year 2024-2025 vide Agreement No.70/2024-25, dated 31-01-2025, and (iv). Restoration of Irrigation System for effective Water Regulation including Monitoring and Management of Nakkalacodu Channel under the jurisdiction of Jonnapadu Section, Gudivada for the year 2024-2025, vide Agreement No.71/2024-25, dated 31-01- 2025, pending disposal of the Writ Petition and pass IA NO: 1 OF 2026
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 May be pleased to grant leave to the Respondent No.5 to file Counter Affidavit in W.P.No.25646 of 2025 and to pass Counsel for the Petitioner:
1. SRAVAN KUMAR NAIDANA
Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
2. GP FOR FINANCE PLANNING
The Court made the following:
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ORDER:
Aggrieved by the non-payment of bill amounts to the petitioner in relation to the completed works under various agreements, the present writ petition is filed.
2. Heard Sri SRavana Kumar Naidana, learned counsel for the petitioner and Sri Satish Kumar, learned Assistant Government Pleader for Irrigation for the respondents.
3. Learned Assistant Government Pleader for Irrigation, on counter, submitted that the authorities have admitted to pay the entitled net amount to the petitioner and sought time for such payment.
4. To the said submission, learned counsel for the petitioner reported no objection.
5. Taking into consideration the submissions of both the learned counsel and as the authorities are ready to pay the net amount to the petitioner, this court is inclined to dispose of the writ petition with the following direction. The respondents are directed to release the legally admitted/entitled net amount to the petitioner at the earliest, and at any rate, within a period of five (05) months from the date of receipt of copy of this order.
6. Accordingly, the writ petition is disposed of. No costs.
Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI Dt.02.04.2026 JLV
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 25646/2025
Dt.02.04.2026 JLV