Andhra Pradesh High Court - Amravati
Eppili Jayamma vs The State Of Andhra Pradesh on 23 August, 2024
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE TWENTY THIRD DAY OF AUGUS
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 30479 OF 2023
Between:
Eppili Jayamma, W/o.Narasimharao, Aged about 64 years, Occ. Cultivation
Narasingarao peta, Kallata Village, HiraMandal Mandal, Srikakulam District.
...PETITIONER
AND
1. The State of Andhra Pradesh, rep .by its Principal Secretary Irrigation
Department, Secretariat, Guntur District, Nelapadu-522 202 (A.P.),
2. The District Collector, Srikakulam District, Srikakulam .
3. The Superintending Engineer, Irrigation Circle Srikakulam, Neeru
Chettu Programme, Srikakulam District.
4. Deputy Executive Engineer, Irrigation Sub Division, Tekkali,Srikakulam
District
5. The Executive Engineer, Irrigation Division, Srikakulam Srikakulam
District.
6. The Asst Executive Engineer, Irrigation Section, Hiramandalam
Srikakulam District.
>
7. The State of Andhra Pradesh, rep .by it Principal Secretary Finance and
Planning Department, Secretariat, Velagapadu, Amaravathi,
...RESPONDENTS
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 a Writ, order or direction, more particularly one in the
nature of Writ of Mandamus, declaring the action of the respondents 2 to 7
herein, in not Releasing an amount of Rs.4,89,311/- to the petitioner herein,
for restoration to the Kondavoora tank of Kallata (V) Hiramandalam
Manndal, Srikakulam District, pursuant to the First and Final Bill issued on
04.01.2019, for Rs. 4,89,311/- and also as per the Lump sum Contract
Running Bill Token No.2018-2237924 for Rs. 4,89,311/- as illegal.
arbitrary, in violation of Articles 14, 16, and 19 of Constitution of India and
contrary to Law and further direct the respondents herein, forthwith release
the amount due to the petitioner herein, pursuant to the First and First and
Final Bill issued on 04.01.2019, for Rs. 4,89,311/- and also as per the Lump
sum Contract Running Bill vide Token No.2018-2237924, for Rs.4,89,311/-
with interest @18% P.A. till the date of payment in the interest of justice.
(Prayer amended in Writ Petition and affidavit as per the C.O.
dt.23.08.2024 vide Orders passed in I.A. No.02 of 2024)
lA NO: 1 OF 2023
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 2 to 7 herein, forthwith release the
amount due to the petitioner herein, pursuant to the First and First and Final
Bill issued 04.01.2019, for Rs. 7,90,8019/-. And also as per the Lump sum
Contract Running Bill vide Token No.2018-2237834, for Rs.4,89,311/-
@18% P.A. till date of payment in the interest of Justice.
Counsel for the Petitioner(s): SRI. CHAKRADHARA RAJA Y
Counsel for the Respondents 1 to 6 : GP FOR IRRI AND CAD
Counsel for the Respondent No.7 : GP FOR FINANCE & PLANNING
The Court made the following: ORDER
THEHON'BLESRIJUSTICEVENKATESWARLUNIMMAGADDA
WRIT PETITION No.30479 of 2023
ORDER:
1. The petitioner had been awarded the contract of work(s)
under the subject scheme in Srikakulam District. After execution
of the said contract, a final bill was prepared for a sum of
Rs.7,90,809/- as per the sanctioned orders.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.
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.l0038of2021andbatchhadtakentheviewthatsuch
non-payment of dues is arbitrary and that such dues need to be
cleared by the respondents at the earliest.
4. On the other hand, learned Government Pleader while
admitting about the claim of the petitioner placed on record the
written instructions, wherein, it is stated that due to lack of
budget, the bill was not paid to thepetitioner. Soon after release
of budget, the bill amount will be paid to the petitioner.
5. In view of the aforesaid directions of this Court in various
cases and after hearing the submissions of learned counsel for
the petitioner, learned Government Pleader for the respondents.
this Writ Petition is disposed of with a direction to the
respondents to release an amount of Rs.4,89,311/- to the
petitioner, along with the interest @ 6% per annum, in view of
the judgment of the Hon'ble Division Bench of this Court in Writ
Appeal No.724 of 2021 and batch dated 12.10.2023, within a
period of six(06) weeks from the date of receipt of a copy of this
order. It would also be open to the petitioner to agitate her claim
for higher rate of interest, if any payable by the respondents, in
an appropriate forum. There shall be no order as to costs.
Consequently,Miscellaneous Petitions,ifany,pendingin this
Writ Petition shall stand closed.
/
Sd/- M. SRINIVAS
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To
1. The Principal Secretary, Irrigation Department, State of Andhra
Pradesh, Secretariat, Guntur District, Nelapadu-522 202 (A.P.),
2. The District Collector, Srikakulam District, Srikakulam .
3. The Superintending Engineer, Irrigation Circle Srikakulam, Neeru
Chettu Programme, Srikakulam District.
4. The Deputy Executive Engineer, Irrigation Sub Division,
Tekkali,Srikakulam District
5. The Executive Engineer, Irrigation Division, Srikakulam Srikakulam
District.
6. The Asst Executive Engineer, Irrigation Section, Hiramandalam
Srikakulam District.
7. The Secretary Finance and Planning Department, State of Andhra
Pradesh, Principal Secretariat, Velagapadu, Amaravathi,
8. One CC to SRI CHAKRADHARA RAJA Y Advocate [OPUC]
9. Two CCs to GP for IRRIGATION AND CAD, High Court of Andhra
Pradesh. [OUT]
10. Two CCs to GP for FINANCE & PLANNING, High Court of
' Andhra Pradesh. [OUT]
11. Three CD Copies
Madhu
Note : Writ Petition Prayer is amended as per Court Order dated 23-08-2024
in I.A. No.2 of 2024. Substitute this amended Order in place of earlier Order
which was despatched on 9-5-2024.
Sd/- M SRINIVAS
ASSISTANT REGISTRAR
I
HIGH COURT
nATED:08/12/2023
nATED:23/08/2024
AMD«^
AMENDED ORDER •fx 0 h SFP 7m
Currftni Section
DISPOSING THE WP WITHOUT COSTS
