Andhra Pradesh High Court - Amravati
Ark Constructions vs The State Of Ap on 16 February, 2024
APHC010033052024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
[ 3329 ]
FRIDAY ,THE SIXTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 1881 OF 2024
Between:
1. ARK CONSTRUCTIONS, MP N.V. Ramakrishna Reddy, S/o. Suryanarayana
Reddy, Aged 36 Years, Occ Contractor, R/o. D.No.6-86/1, Satya Sai Collage
Road, Ravulapalem, East Godavari District.
...PETITIONER(S)
AND
1. THE STATE OF AP, Rep by its Principal Secretary to Government Irrigation
AND CAD Water Resources Department, Secretariat Buildings, A.P.
Secretariat, Velagapudi, Amaravathi, Guntur District.
2. THE STATE OF AP, Rep. by its Principal Secretary, Finance Department,
Secretariat Buildings Velagapudi, Amaravati, Guntur District.
3. The District Collector, (Irrigation Wing) Kakinada District at Kakinada.
4. The Commissioner, Command Development Authority (CAD) Water
Resources Department, Government of Andhra Pradesh, Vijayawada.
5. The EngineerinChief, Minor and Major Irrigation Department Government of
Andhra Pradesh, Irrigation Bhavan, Vijayawada, Krishna District.
6. The Superintending Engineer, Irrigation AND Water Resources Department,
Irrigation Circle, Dowleswaram, East Godavari District.
7. The Executive Engineer, Water Resources Department, Drainage Division,
Kakinada, Kakinada District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased toPleased 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.
38,70,093/- 1) Amount of Rs.5,13,931/-, vide its M. Book No. 2377 A, and its
Agreement No.07/2022-23 dated 18/06/2022, and Quality Control Certificate
No.58451, for the work Annual Maintenance towards removal of weed growth
from Rameswaram 1 AND 2, Kaikavolu, Dandupunta and Surplus minor drains in
G.E. Delta (2ND Call) 2) Amount of Rs.4,37,329/-, vide its M. Book No. 1583 A,
and its Agreement No.08/2022-23 dated 18/06/2022, and Quality Control
Certificate No.58452, for the work Annual Maintenance towards removal of weed
growth from Right arm of Biccavolu major drain and infalling minor drains in G.E.
Delta (2ND Call) 3) Amount of Rs.6,89,480/-, vide its M. Book No. 2387 A, and
its Agreement No.03/2022-23 dated 18/06/2022, and Quality Control Certificate
No.58474, for the work Annual Maintenance towards removal of weed growth
from Sahapuram, Kandregula including left arm of Chinamamida medium drains,
Kandregula, Pilligunta and Chintapalli minor drains in G.E. Delta, 4) Amount of
Rs.8,17,252/-, vide its M. Book No. 1455 A, and its Agreement No.05/2022-23
dated 18/06/2022, and Quality Control Certificate No.58475, for the work Annual
Maintenance towards removal of weed growth from medium drains and minor
drains in Biccavolu basin in G.E. Delta, 5) Amount of Rs.6,07,379/-, vide its M.
Book No. 1531 A, and its Agreement No.04/2022-23 dated 18/06/2022, and
Quality Control Certificate No.58476, for the work Annual Maintenance towards
removal of weed growth from Patharlagadda medium drain, Turangi,
Nadakuduru, Penuguduru and Karapa minor drains in G.E. Delta (2 nd Call), 6)
Amount of Rs.8,04,722/-, vide its M. Book No. 2373 A, and its Agreement
No.06/2022-23 dated 18/06/2022, and Quality Control Certificate No.58350, for
the work Annual Maintenance towards removal of weed growth from East Yeleru
Medium and infalling minor drains in G.E. Delta (2NDCall), with interest of
execution and completion of O AND M 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, arbitrary and
violative of Articles 14, 16 and 21 of the Constitution of India and consequentially
to direct the respondents releasing the final bills of total amount worth of Rs.
38,70,093/- for execution of completion of Irrigation works under Irrigation
Department as per agreement to the petitioner forthwith and to pass
IA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
leased to direct the respondents releasing the Final Bill amount of Rs.
38,70,093/- for execution of completion of Irrigation works under Irrigation
Department as per agreement to the petitioner forthwith, pending disposal of the
above writ petition and to pass
Counsel for the Petitioner(s):SRI. ANNAMNEEDI BALAKRISHNA
Counsel for the Respondents: GP FOR IRRIGATION COMM AREA DEV
The Court made the following:
1. The petitioner had been awarded the contract of work(s) under
the subject scheme in East Godavari District. After execution of the
said contract, a final bill was prepared for a sum of Rs.38,70,093/-
as per the sanctioned orders. As the payment of the said amount
has not been made by the respondents, the petitioner has
approached this Court by way of this writ petition.
2. It is the contention of the petitioner that even though the
respondents admitted that the petitioner is entitled for payment of
the aforesaid sum of money, no payment is being made. The
petitioner contends that such non-payment of money is clearly
arbitrary and high-handed requiring the interference of this Court.
3. This Court, in various orders, including the judgment of a
learned Single Judge of this Court dated 05.10.2021 in
W.P.No.10038 of 2021 and batch had taken the view that such non-
payment of dues is arbitrary and that such dues need to be cleared
by the respondents at the earliest.
4. 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, Kakinada, dated
31.01.2024. He would submit that due to lack of LOC, bill was not
uploaded in CFMS. Soon after release of the LOC, the bill will be
cleared.
5. In view of the aforesaid directions of this Court in various
cases and after hearing the submissions of learned counsel for the
petitioner, learned Government Pleader for Irrigation this Writ
Petition is disposed of with a direction to the respondents to release
the amount of Rs.38,70,093/- to the petitioner, along with the
interest @ 6% per annum, in view of the judgment of the Hon'ble
Division Bench of this Court in Writ Appeal No.724 of 2021 and
batch dated 12.10.2023, within a period of six (06) weeks from the
date of receipt of a copy of this order. It would also be open to the
petitioner to agitate his claim for higher rate of interest, if any
payable by the respondents, in an appropriate forum. There shall be
no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this
Writ Petition shall stand closed.
_______________________________
VENKATESWARLU NIMMAGADDA, J
16.02.2024
TPS
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
16.02.2024
TPS
