Andhra Pradesh High Court - Amravati
K Radha Krishna vs The State Of Ap on 23 August, 2024
1
BSB,J
W.P.No.13736 of 2024
APHC010275272024
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: 13736/2024
Between:
1. K RADHA KRISHNA, S/O. K PENCHALAIAH, AGED ABOUT 38
YEARS, OCC- CONTRACTOR, R/O.MAIN STREET,
CHINTALAPALEM, KALUVOYA (M) SPSR NELLORE DISTRICT,
PINCODE-524343.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY,
DEPARTMENT OF IRRIGATION (WATER RESOURCES
DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI,
AMARAVATHI, GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,
SECRETARIAT BUILDINGS, VELAGAPUDI,
3. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE,
NELLORE, SPSR NELLORE DISTRICT.
4. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR,
C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA
DISTRICT.
5. THE EXECUTIVE ENGINEER, NELLORE SOUTH DIVISION, GUDUR,
TIRUPATI DISTRICT.
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W.P.No.13736 of 2024
6. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR,
C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA
DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. BATHALA RAMESH
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 a writ of mandamus or any other appropriate
writ or direction declaring the action of the respondents not
releasing the payment of balance amount of Rs.45,40,258/-
vide M Book No.2151 Cg, even after finalizing the bills, payable
to the petitioner in relation to the works i.e., FDR 11/2021
Temporary Restoration to the right side flood bank of Kalangi
river @ Ch Km 17.86 Near Konduru Village in Tada Mandal of
SPSR Nellore District, vide Agreement No.70 SE/2022-23,
dated 30.09.2022 is questioned, as the same is illegal, arbitrary
and consequently direct the respondents to consider for
payment of amounts of Rs.45,40,258/- vide M Book No.2151
Cg with interest @24% per annum for the delayed amount to
the petitioner in respect of execution of above-mentioned work
forthwith and 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
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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, Nellore South Division vide Letter
No.EE/NS Divn.,/GDR/451M, dated 25.07.2024. He submitted that the
payment will be made to the petitioner immediately after releasing of LOC to
the above said work 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.45,40,258/- 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:13736 of 2024
Date: 23.08.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.13736 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
