M/s Southern Survey Consultants, Vs The State of Andhra Pradesh

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APHC010078802025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 4235 OF 2025

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Between:

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M/s Southern Survey Consultants, Represented by its Managing Partner C. Suma Sekhar, S/o C.Lokanadham, Aged about 52 Years, R/o Plot No. 23, Lie Colony, Edulagunta, Thottambedu Village, Thottambedu Mandala, Tirupati District.-517640.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Irrigation Department,, Velagapudi, Amaravathi, Andhra Pradesh - 522237.

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Department of Finance and Planning Secretariat, Velagapudi, Amaravathi, Andhra Pradesh - 522237

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The Chief Engineer, Water Resources Department, Kurnool Kurnool District, Andhra Pradesh -

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The Superintending Engineer, SRBC Circle No.1, SRBC Colony, Nandyal, Nandyal District, Andhra Pradesh -513501.

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The Executive Engineer, SRBC Division No.4, Gorakallu@Nandyal Nandyala District, Andhra Pradesh

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The Assistant Pay and Accounts Officer, Works Accounts Nandyal,

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Nandyal District, Andhra Pradesh -518501.

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...Respondents

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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 order, writ or direction more particularly^{inthenatureof} writ of mandamus declaring the action of the respondents against the petitioner for nonpayment of the bill for work done in Conducting for Operations for formation of Orvakal Reservoir near Sakunala Village, Orvakal Mandal, Kurnool District for Rs 79,66,675" and the 5th respondent also certified and found satisfactory after detail measurement and alteration upto date and the items of the works specified in the bill which was recorded in the M Book No. 506 GKL IV from page I to 21 and in M Book number 507 from page No. 28 and certified and passed the gross amount of Rs 87,73,631/- ( Rupees Eighty Seven Lakhs Seventy Three Thousand Six Hundred and Thirty One Only)under head of account 4700-01-133-11-27-530-531VN ISi as illegal, arbitrary, unconstitutional and consequently direct the respondents to pay the net bill amount of Rs 79,66,675/- ( Rupees Seventy Nine Lakhs Sixty Six Thousand Six Hundred and Seventy Five Only) to the petitioner for work done in Conducting for Operations for formation of Orvakal Reservoir near Sakunala Village, Orvakal Mandal, Kurnool District along with interest in the interest of equity justice

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lA NO: 1 OF 2025

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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 pay the net bill amount of Rs 79,66,675/( Rupees Seventy Nine Lakhs Sixty Six Thousand Six Hundred and Seventy Five Only) to the petitioner for work done in “ Conducting for Operations for formation of Orvakal Reservoir near Sakunala Village, Orvakal Mandal, Kurnool District’ along with interest in the interestpf equity justice

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Counsel for the Petitioner: SRI D KISHORE KUMAR

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Counsel for the Respondents No.1, 3, 4, 5: GP FOR IRRl AND CAD

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Counsel for the Respondents No.2, 6: GP FOR FINANCE AND PLANNING

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The Court made the following

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1

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APHC010078802025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3333]

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(Special Original Jurisdiction)

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TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 4235/2025

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Between:

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1.M/S SOUTHERN SURVEY CONSULTANTS,, REPRESENTED BY^ITS MANAGING PARTNER C. SUMA SEKHAR, S/0 C.LOKANADHAM, AGED ABOUT 52 YEARS, R/0 PLOT NO. 23, LIE COLONY, EDULAGUNTA, THOTTAMBEDU VILLAGE, THOTTAMBEDU MANDALA, TIRUPATI DISTRICT.-517640.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINEIPAL SECRETARY TO IRRIGATION DEPARTMENT, VELAGAPUDI AMARAVATHI, ANDHRA PRADESH - 522237.

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2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH - 522237

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3.THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT,KUMOOL KUMOOL DISTRICT, ANDHRA PRADESH

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4.THE SUPERINTENDING ENGINEER, SRBC CIRCLE NO.L, SRBC COLONY, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH - 518501.

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2

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5.THE EXECUTIVE ENGINEER, SRBC DIVISION N0.4, GORAKALLU@NANDYAL NANDYALA DISTRICT, ANDHRA PRADESH 6.THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS - ACCOUNTS NANDYAL, NANQYAL DISTRICT, ANDHRA PRADESH 518501. ...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 an order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the respondents against the petitioner for nonpayment of the bill for work done in Conducting for Operations for formation of Orvakal Reservoir near Sakunala Village, Orvakal Mandal, Kumool District for Rs 79,66,675 and the 5th respondent also certified and found satisfactory after detail measurement and alteration upto date and the items of the works specified in the bill which was recorded in the MBook No. 506 GKL IV from page I to 21 and in M Book number 507 from page No. 28 and certified and passed the gross amount of Rs 87,73,631/- ( Rupees Eighty Seven Lakhs Seventy Three Thousand Six Hundred and Thirty One Only)under head of account 4700-01-133-11-27-530-531VN ISi as illegal, arbitrary, unconstitutional and consequently direct the respondents to pay the net bill amount of Rs 79,66,675/- ( Rupees Seventy Nine Lakhs Sixty Six Thousand Six Hundred and Seventy Five Only) to the petitioner for work done in Conducting for Operations for formation of Orvakal Reservoir near Sakunala Village, Orvakal Mandal, Kumool District along^{withinterestinthe} interest of equity, justice

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lA NO: 1 OF 2025

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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 pay the net bill amount of Rs 79,66,675/( Rupees Seventy Nine Lakhs Sixty Six Thousand Six Hundred and Seventy Five Only) to the petitioner for work done in “ Conducting for Operations for formation of Orvakal Reservoir near Sakunala Village, Orvakal Mandal, Kumool District along with interest in the interest of equity, justice

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Counsel for the Petitioner:

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1.DKISH0RE KUMAR

Counsel for the Respondent(S):

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1.GP FOR IRRI AND CAD

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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4

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ORDER:

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The present Writ Petition came to be filed under Article 226 of the

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Constitution of India seeking the following relief;-

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“....to issue an order, writ or direction more particularly^{inthenatureofwrit} of mandamus declaring the action of the respondents^{againstthepetitioner} for nonpayment of the bill for work done in Conducting^{forOperationsfor} formation of Orvakal Reservoir near Sakunala Village, Orvakal Mandal, Kumool District for Rs 79,66,675 and the 5th respondent^{alsocertifiedand} found satisfactory after detail measurement and alteration^uptodateand the items of the works specified in the bill which was^{recordedinthe} MBook No. 506 GKL IV from page I to 21 and in M Book^{number507from} page No. 28 and certified and passed the gross amount of^{Rs87,73,631/-} ( Rupees Eighty Seven Lakhs Seventy Three Thousand^{S/xHundredand} Thirty One Onlyjunder head of account 4700-01-133-11-27-530-531V^Nis unconstitutional and consequently direct the as illegal, arbitrary, respondents to pay the net bill amount of Rs 79,66,675/( Rupees Seventy Nine Lakhs Sixty Six Thousand Six Hundred and^SeventyFive Only) to the petitioner for work done in Conducting for Operations for formation of Orvakal Reservoir near Sakunala Village,^{OrvakalMandal,} Kumool District along with interest in the interest^{ofequity,justice} ....

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The petitioner had been awarded the contract work of conducting operations for formation of Orvakal reservoir near^{Sakunalavillage,Orvakal} mandal, Kumool District by the Irrigation Department.^{Afterexecutionofthe} said contract, the respondents’ also issued quality^{controlcertificatedated} 19.12.2023 to a tune of Rs.79,32,005/-. As the payment^{ofthesaidamount} has not been made by the respondents, the petitioner^{hasapproachedthis} Court by way of this writ petition.

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment^{oftheaforesaidsumof} money, no payment is being made. The petitioner contends^thatsuchnon payment of money is clearly arbitrary and high-handed requiring the interference.of this Court. 4. 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^{of2021andbatchhad} 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. 5. On the other hand, learned Assistant Government Pleader for Irrigation, relying on the counter affidavit of the 5^^ respondent has stated that the Assistant Pay and Accounts Officer, Works Accounts, Nandyal has scrutinized the bill as per the latest guidelines and that a bill was passed with a net amount payable to an extent of Rs.79,66,675/- under^CFMS Bill No.20232085629 and that after migration to CFMS bill No.2024-167210,^thestatusof the bill in CFMS is displayed as “Bill returned to DDO as per Art.39&50 of AP Financial Code, Vol I”. He further submitted that soon after release of the budget by the Government, the bills will be paid to the petitioner.

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In view of the facts and circumstances of the case,^{andthedirectionsof} this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed^{ofwithadirectionto} the respondents to release the amount to the petitioner^{inaccordancewiththe} quality control certificate dated 19.12.2023 issued by the respondents within a

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period of six (06) months from the date of receipt^ofa copy^ofthisorder. No costs.

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