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2025 DIGILAW 1078 (AP)

Akil Infra v. State of Andhra Pradesh

2025-09-25

VENKATESWARLU NIMMAGADDA

body2025
ORDER : 1. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj representing Respondent Nos.1 to 4 and perused the material placed on record. 2. Learned counsel for the petitioner submits that the petitioner is a contractor and it has been executing the works whenever it was awarded the contracts in its favour, accordingly the petitioner was awarded agreements in respect of the following three works: i. Providing Drinking Water Facility (DWF) through 100% Functional Household Tap Connections (FHTCs) in 8 No. Of Habitations in Denduluru Mandal Package-VI of Eluru District with an estimated cost of Rs.125.60 lakhs (Agreement No./2023-24, dated 20.12.2023) ii. Providing DWF through 100% FHTCs in 10 No. Of Habitations in Denduluru Mandal Package-III of Eluru District with an estimated cost of Rs.115.80 Lakhs (Agreement No./2023-24, dated 20.12.2023). iii. Providing DWF through 100% FHTCs in 6 No. of Habitations in Denduluru Mandal Package-I of Eluru District with an estimated cost of Rs.133.10 lakhs (Agreement No./2023-24, dated 20.12.2023) 3. Pursuant to the awarding of contract, the petitioner has proceeded to execute the works and procured the material for such works. But on the guise of delay in procurement of material and execution of work, the agreements entered with the petitioner were cancelled on 30.11.2024. He further submits that, pursuant to the agreements executed in favour of the petitioner, the petitioner procured HDPE pipes for water supply. However, due to the cancellation of the contract, the petitioner has been unable to make utilize the procured pipes, which remain idle at the respondent’s yard. After sometime, the petitioner was awarded another work for providing DWF through 100% FHTCs to Nidamarru Habitation of Nidamarru GP in Nidamarru Mandal in Eluru District which is similar to the above mentioned three works and also entered an agreement dated 28.06.2025. He further submits that for execution of the subject work also requires the subject material pipes presently lying idle in the respondent’s yard as mentioned above. For which the petitioner submitted a representation for transfer of the said material which were procured by the petitioner at its cost to permit to make utilize for the new agreement entered with the petitioner by the Executive Engineer, Nidamaaru GP dated 28.06.2025. For which the petitioner submitted a representation for transfer of the said material which were procured by the petitioner at its cost to permit to make utilize for the new agreement entered with the petitioner by the Executive Engineer, Nidamaaru GP dated 28.06.2025. Considering the request of the petitioner, the 3 rd respondent herein issued proceedings dated 19.03.2025 permitting the petitioner to transfer the same and make utilize the subject HDPE pipes in other works, which were also granted by the RWS&S Sub Division, Eluru and specifically directed the Respondent Nos.4 and 5 herein to permit the petitioner to transfer the same. 4. Learned counsel for the petitioner further submits that even after issuance of proceedings dated 19.03.2025, the Respondent Nos.4 and 5 are not permitting the petitioner to transfer the material, which are lying idle at respondent’s yard. Hence the Writ Petition. 5. On the other hand, learned Government Pleader for Respondents submitted written instructions on behalf of Respondent Nos.4 and 5 dated 22.09.2025, wherein it is stated as under: “The Agreement expired on 18.09.2024. The EOAT not submitted. The Watch and Ward of the material is lies on the contractor and the pipes are in the custody of the contractor only. The contractor didn’t execute the above works and not utilized the any above pipes. Further the Agreement was cancelled for the above 03 No. of works, by the Superintending Engineer, RWS & S Circle, Eluru, Vide Proceedings RC No:AE3/DB/JJM/Denduluru/2024, Dt: 30.11.2024. The Transfer Entry Order is issued from work to work only and it is issued for the balance quantity of material in 7F account after the utilization of certain quantity in the work. But in this case the contractor did not execute any work, material not utilized, payment not done for cost and supply of pipes and the agreement also cancelled. The Transfer Entry order Is issued between Work to Work only and for the same contractor only. In this case the agreement is cancelled and to raise the transfer entry order a permission from the higher officers is required. To raise the Transfer Entry order the contractor has to submit the details of the agreement concluded and quantity of material to transfer for the works where he want to utilize.” 6. In this case the agreement is cancelled and to raise the transfer entry order a permission from the higher officers is required. To raise the Transfer Entry order the contractor has to submit the details of the agreement concluded and quantity of material to transfer for the works where he want to utilize.” 6. Learned Government Pleader further submits that since the subject material is procured by the petitioner at its cost and the same was not in the custody of Respondent Nos.4 and 5 but simply laid at the yard, for transfer, there is requirement of permission from higher authority, after granting permission by the concerned higher authority, the petitioner can be permitted to transfer/utilize the subject material by way of Transfer Entry Order. 7. Considering the submissions of learned counsel for the petitioner and learned Government Pleader for Respondents as well as written instructions of 4 th and 5 th Respondents and after perusal of the material placed on record, this Court is of the considered view that this Writ Petition can be resolved as per the written instructions dated 22.09.2025 that the material already procured by the petitioner can be transferred/deputed by issuing Transfer Entry Order subject to permission by the 2 nd Respondent with regard to already cancelled work agreements dated 28.06.2025 and after such permission by the 2 nd respondent, the Respondent Nos.4 and 5 are directed to make Transfer Entry Order and release the subject material as early as possible in favour of the petitioner. 8. With the above directions, the Writ Petition is disposed of. No costs. As a sequel interlocutory applications if any pending shall stand closed.