Andhra Pradesh High Court - Amravati
Nas Babu Constructions Pvt Ltd vs The State Of Ap on 23 August, 2024
1
BSB,J
W.P.No.16540 of 2024
APHC010327402024
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: 16540/2024
Between:
1. NAS BABU CONSTRUCTIONS PVT LTD, REP. BY ITS MANAGING
DIRECTOR, NW NAGENDRAM, S/O. VENKATESWARA RAO, R/O.
D.NO.10-150-A2, 1ST LANE, RAJENDRA NAGAR GUDIVADA,
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 SUPERINTENDING ENGINEER, IRRIGATION CIRCLE,
VIJAYAWADA. KRISHNA DISTRICT.
6. THE EXECUTIVE ENGINEER, DRINAGE DIVISION, GUDIVADA.
KRISHNA DISTRICT.
...RESPONDENT(S):
2
BSB,J
W.P.No.16540 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
admitted bills amount of Rs.18,65,302/- (Rs.9,32,651 +
9,32,651) in respect of following two works:
1) Neeru-Chettu Construction of Pipe sluice on
Lazzabanda Major drain at Km.19.400, vide Agt.No.72/2017-
2018, dt.13.06.2017 and
2) Neeru-Chettu Construction of Pipe sluice on
Lazzabanda Major drain at Km.19.900, vide Agt.No.73/2017-
2018, dt.13.06.2017, even after finalized the bills long back,
payable to the petitioner after successful completion of the
execution of work under Neeru-Chettu Programme in Drainage
Division Gudivda in Water Resources Department of Krishna
District, as is illegal, arbitrary and violative of Articles 14, 21 &
300-A of the Constitution of India and also violative of the
principles of natural justice, consequently direct the respondents
to release the admitted bills amount of Rs.18,65,302/-
(Rs.9,32,651 + 9,32,651) in respect of two works, 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/640M, dated 02.08.2024. He
submitted that bills were not uploaded in the CFMS due to non receipt of
verification report & 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.18,65,302/- 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:16540 of 2024
Date: 23.08.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.16540 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
