Andhra Pradesh High Court - Amravati
Water User Association, vs The State Of Andhra Pradesh, on 23 August, 2024
1
BSB,J
W.P.No.12407 of 2024
APHC010249312024
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: 12407/2024
Between:
1. WATER USER ASSOCIATION,, URA TANK, REP. ITS PRESIDENT,
YADLAPALLI SIVARAM PRASAD S/O. VENKATA SUBBARAO, URA
TANK, VELURU(V), BAPULAPADU MANDAL, KRISHNA DISTRICT
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,
SECRETARIAT, VELAGAPUDI, AMARAVATHI.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT
DEPARTMENT, 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.
6. THE EXECUTIVE ENGINEER, SPECIAL DIVISION, VIJAYAWADA.
...RESPONDENT(S):
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W.P.No.12407 of 2024
Counsel for the Petitioner:
1. BATTULA SANJAIAH GANDHI
Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
2. GP FOR FINANCE PLANNING
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 bill
payment of Rs.4,92,304/- even after finalized the bill, payable
to the petitioner after successful completion of the execution of
work for De-silting of tank bed area of Ura tank in Veleru
Village, Bapulapadu Mandal, Krishna District in Water
Resources Department under Neeru-Chettu programme, as is
illegal, arbitrary and violative of Articles 14, 21 & 300-A of the
Constitution of India and also violative of principles of natural
justice, consequently direct the respondents to release the due
amount of Rs.4,92,304/- to the petitioner in respect of execution
of work forthwith interest of 18% and to pass..."
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, Water Resources Department, Special
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Division, Vijayawada. He submitted that the details of the above work in C2
Proforma submitted to the Head office for approval of payment and the
payment will be cleared as early as the government releases BRO through
Finance Department 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.4,92,304/- 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:12407 of 2024
Date: 23.08.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.12407 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
