Andhra Pradesh High Court - Amravati
Bolla Kiran Kumar vs The State Of Ap on 23 August, 2024
1
BSB,J
W.P.No.10961 of 2024
APHC010215562024
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: 10961/2024
Between:
1. BOLLA KIRAN KUMAR, S/O. RAMBABU, AGED 31 YEARS, R/O.
D.NO.1/49-1, ULLIPALEM, POTHEPALLI, KRISHNA DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY,
IRRIGATION AND COMMAND AREA DEVELOPMENT
DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,
SECRETARIAT, VELAGAPUDI, AMARAVATHI.
3. THE CHIEF ENGINEER, MINOR IRRIGATION DEPARTMENT,
VIJAYAWADA, KRISHNA DISTRICT.
4. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA
DISTRICT,
5. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE,
VIJAYAWADA. KRISHNA DISTRICT.
6. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIVADA.
KRISHNA DISTRICT.
...RESPONDENT(S):
2
BSB,J
W.P.No.10961 of 2024
Counsel for the Petitioner:
1. BATTULA SANJAIAH GANDHI
Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR IRRIGATION COMM AREA DEV
The Court made the following:
ORDER:
This writ petition is filed seeking the following relief:
"...to issue an appropriate writ or order or a direction
more particularly one in the nature of writ of mandamus
declaring the action of the respondents, in not releasing the
bills amount of Rs.17,25,715/- (Rs.8,76,548+8,49,167) for 2
works respectively, vide
1) Agt.No.77/2023-24, Dt.13.10.2023 for execution of work for
FDR - Desilting of Thallapalem Major Drain from Km 2.105 to
Km 2.330 and
2) Agt.No.78/2023-24 Dt.13.10.2023 for execution of work for
FDR - Desilting of Thallapalem Major Drain from km 0.447 to
km 0.618, payable to the petitioner after successful completion
of the execution of works in Water Resources Department,
Irrigation Circle, Vijayawada, Krishna District, as is illegal,
arbitrary and violative of Article 14, 21 & 300-A of
the Constitution of India and also violative of principles
of natural justice, consequently direct the respondents to
pay the admitted bills amount of Rs.17,25,715/-
(Rs.8,76,548+8,4 9,167) for 2 works respectively, due to the
petitioner in respect of execution of works forthwith interest of
18% and to pass..."
BSB,J
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, Drainage Division, Gudivada, vide
Letter No.EE/DRG/GDV/AB/A4/Court Cases/430M, dated 19.06.2024. He
submitted that bills were not uploaded in CFMS due to lack 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.17,25,715/- 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.
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:10961 of 2024
Date: 23.08.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.10961 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
