Andhra Pradesh High Court
WP/6275/2015 of SABIR, SEW & PRASAD (Joint venture), Vs State of Andhra Pradesh, on 23 March 2026
HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. SABIR, SEW & PRASAD (JOINT VENTURE),, REP. BY ITS AUTHORIZED SIGNATORY, 6 GREEN LAND ROAD, BEGAMPET, HYDERABAD 1. STATE OF
APHC010189002015
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1. SABIR, SEW & AUTHORIZED SIG GREEN LAND ROA
1. STATE OF AND SECRETARY, IRR DEPT., SECRETAR
2. STATE OF AND SECRETARY, TRA SECRETARIAT BU
3. THE CHIEF ENGIN
4. THE SUPERITEND KURNOOL DISTRIC
5. THE EXECUTIVE NANDYAL, KURNO
6. THE ASST PAY GANGA PROJECT
7. THE DIRECTOR OFFICE, HYDERAB
8. THE JOINT DIREC KADAPA DISTRICT
N THE HIGH COURT OF ANDHRA P AT AMARAVATI (Special Original Jurisdiction THE TWENTY FOURTH DAY OF MA O THOUSAND AND TWENTY SIX PRESENT ABLE SRI JUSTICE RAVI CHEEMAL WRIT PETITION NO: 6275/2015 PRASAD (JOINT VENTURE),, GNATORY, 6-3-871, SNEHALATH AD, BEGAMPET, HYDERABAD-50001 AND DHRA PRADESH, REP .BY IT RIGATION & COMMAND AREA D RIAT BUILDINGS, HYDERABAD. DHRA PRADESH REP, BY IT ANSPORT, ROADS & BUILDINGS ILDINGS, HYDERBAD. EERPROJECTS KURNOOL KURNO ING ENGINEER, S.R.B.C, CIRCLE N CT. ENGINEER, SRBC DIVISION NO.4 OOL DISTRICT. ACCOUNTS OFFICER, SRBC SCH COMPLEX, NANDYAL, KURNOOL D OF WORKS ACCOUNTS, PAY BAD. CTOR OF WORKS ACCOUNTS T. ...RE RADESH n)
ARCH LAPATI REP. BY ITS HA BUILDINGS,
16. ...PETITIONER TS PRINCIPAL DEVELOPMENT TS PRINCIPAL S (R.I) DEPT., OL DISTRICT, - NO 1, NANDYAL, 4, GORAKALLU, HEME, TELUGU DISTRICT. & ACCOUNTS KADAPA, YSR ESPONDENT(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 toto issue a writ, order or direction more partici] arly one in the nature of writ of mandamus declaring memo No 17895/References/A1/2012 dated 18- 3-2013 issued by the 1st respondent as contrary to G.O.Ms.No 252(T,R&B)(R- I), dated 28-8-2008 and supplemental agreement 1SE/2012-13 Dated 24-4- 2012 recovering the difference between 1.00 and 0.85 coefficient of the escalation of fuel from the bills of the petitioner under agreement No 31SE/2004-05, dated 31-3-2005 in respect of investigation, designing and construction of Sri Narasimharaya Sagar (Gorakallu Balancing Reservoir) with a live storage of 10.29 TMC of F.R.L.(+) 261 M with over flow arrangements to discharge 848 cumecs of surplus water intake canal with a flood flow discharge of 140.45 cumecs and outlet arrangements for a discharge fof 67.96 cumecs to connect SRBC near Gorakallu(V), Panyam(M), Kurnool (Dt), Andhra Pradesh as arbitrary, illegal, without any authority and consequently direct the 5th respondent not to recover the differential amounts following the reduction of co- efficient from '1' to 0.85 from the petitioner's future bills therein IA NO: 1 OF 2015(WVMP 1179 OF 2015 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 vacate the interim order passed in WPMP No. 8347 of 2015 in WP No. 6275 of 2015 dt: 12.03.2015 IA NO: 2 OF 2015(WPMP 8347 OF 2015 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 not to recover the differential amounts following the reduction of co-efficient from '1' to 0.85 from the petitioner's future bills therein and calculate the esclation of fuel adjustment of coefficient as mentioned in the supplementary agreement bearing slip No.1SE/2012-13, dated 24-04-2012, pending disposal of the writ petition Counsel for the Petitioner:
1. GINJUPALLI SUBBA RAO Counsel for the Respondent(S): 1.15592/GP FOR TRANSPORT (TG) 2.15573/GP FOR FINANCE & PLANNING (TG)
3. GP FOR IRRI AND COMM AREA DEV(TG) 4.15531/GP FOR IRRI AND CAD (AP) 5.15593/GP FOR ROADS & BUILDINGS (TG)
The Court made the following order:
Aggrieved by the action of respondent No.1 in issuing Memo No.17895/References/A1/2012 dated 18.03.2013 contrary to G.O.Ms.No.252 (T, R & B) (R-I) dated 28.08.2008 and supplemental agreement 1SE/2012-13 dated 24.04.2012, the present Writ Petition is filed.
2. Learned counsel for the petitioner submits that the issue involved in this Writ Petition is squarely covered by the order passed by a Coordinate Bench of this Court dated 14.10.2022 in Writ Petition No.32893 of 2014 and prayed to pass similar order in this Writ Petition also.
3. Learned Assistant Government Pleader for Irrigation Department reported no objection and submitted that the present case is squarely covered by the order passed in Writ Petition No.32893 of 2014.
4. Taking the above submissions of learned counsel for the parties into consideration and for the reasons recorded in Writ Petition No.32893 of 2014, this Writ Petition is allowed in terms of the order dated 14.10.2022 passed in Writ Petition No.32893 of 2014. There shall be no order as to costs.
5. Registry is directed to attach a copy of the order dated 14.10.2022 in Writ Petition No.32893 of 2014 to this order. As a sequel thereto, interlocutory applications pending, if any in the writ petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 24.03.2026 MP
THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No.6275 of 2015 Dated: 24.03.2026
MP