Andhra Pradesh High Court - Amravati
Beethineedi Veera Venkata Rama ... vs The State Of Andhra Pradesh on 23 August, 2024
1
BSB,J
W.P.No.11120 of 2024
APHC010223632024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY THIRD DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 11120/2024
Between:
1. BEETHINEEDI VEERA VENKATA RAMA SUBBARAO, S/O. SURYA
NARAYANA, AGED ABOUT 41 YEARS, R/O. D.NO.1-156, NEAR
KANAKADURGA TEMPLE, RAZOLE, EAST GODAVARI DISTRICT-
533 242.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY, IRRIGATION AND WATER RESOURCES
DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,
GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL
SECRETARY TO THE FINANCE DEPARTMENT, SECRETARIAT,
VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
3. THE DISTRICT COLLECTOR, (IRRIGATION WING), DR. B.R.
AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM.
4. THE ENGINEERINCHIEF, MINOR/MAJOR IRRIGATION
DEPARTMENT, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA
DISTRICT.
5. THE CHIEF ENGINEER, IRRIGATION AND WATER RESOURCES
DEPARTMENT DOWLESWARAM, EAST GODAVARI DISTRICT.
2
BSB,J
W.P.No.11120 of 2024
6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER
RESOURCES DEPARTMENT, IRRIGATION CIRCLE,
DOWLESWARAM, EAST GODAVARI DISTRICT.
7. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT,
GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, DR. B.R.
AMBEDKAR KONASEEMA DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. ANNAMNEEDI BALAKRISHNA
Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR IRRI AND CAD (AP)
The Court made the following:
ORDER:
This writ petition is filed seeking the following relief:
"...to issue an appropriate writ, order or direction more
particularly one in the nature of writ of mandamus declare the
inaction on part of the respondents herein not releasing the final
bill amount worth of Rs.26,88,442/-;
1) Amount Rs.4,44,378/- in respect of its Agreement No.25D/23-24,
2) Amount Rs.4,15,588/- in respect of its Agreement No.24D/23-24,
3) Amount Rs.3,12,165/- in respect of its Agreement No.23D/23-24,
4) Amount Rs.4,32,172/- in respect of its Agreement No.22D/23-24,
5) Amount Rs.3,52,186/- in respect of its Agreement No.26D/23-24,
6) Amount Rs.2,65,020/- in respect of its Agreement No.27D/23-24,
7) Amount Rs.4,66,933/-, with interest of execution and completion
of Irrigation works under Irrigation Department as per agreement,
to the petitioner till today and causing heavy loss with interest even
though total work was completed as per the agreement as illegal,
BSB,J
arbitrary and violative of Articles 14, 16 & 21 of the Constitution of
India and consequentially to direct the respondents releasing the
final bills of total amount worth of Rs.26,88,442/- for execution of
completion of Irrigation works under Irrigation Department as per
agreement to the petitioner forthwith and to pass such..."
2. It is the contention of the petitioner that even though the respondents
admitted that the petitioner is entitled to the aforesaid amount, no payment is
made. The petitioner contends that such non-payment of money is clearly
arbitrary and high-handed requiring the interference of this Court.
3. On the other hand, learned Government Pleader for Irrigation, while
admitting about the claim of the petitioner, placed on record instructions
received from the Executive Engineer, Godvari Eastern Division,
Ramachandrapuram vide Letter No.EE/GE.Divn./RCPM/CB/IC2/942 M, dated
22.08.2024. He submitted that bills are pending for want of LOC, and that
soon after the release of LOC, payment will be made to the petitioner and
prayed to pass appropriate orders.
4. In view of the submissions of the learned counsel for the petitioner and
the learned Government Pleader for Irrigation, this Writ Petition is allowed with
a direction to the respondents to release the total amount of Rs.26,88,442/- to
the petitioner, along with the interest as per the entitlement vide the judgment
of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of
cases dated 12.10.2023, within a period of two (02) months from the date of
receipt of a copy of this order.
5. It is open to the petitioner to agitate the claim for higher rate of interest,
if any payable by the respondents, before an appropriate forum. There shall
be no order as to costs.
BSB,J
6. Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
________________________
JUSTICE B.S. BHANUMATHI
Date: 23.08.2024
DSV
BSB,J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:11120 of 2024
Date: 23.08.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.11120 of 2024
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
02. 23.08.2024 BSB, J
The Writ Petition is allowed.
(vide separate order)
_________________
B.S.BHANUMATHI,J
DSV
BSB,J
