Andhra Pradesh High Court - Amravati
R Krishna Murthy vs The State Of Ap on 21 June, 2024
IN THE HIGH COURT OF ANDHRA PRADESH:;AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE TWENTY FIRST DAY OF JUNE
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TWO THOUSAND AND TWENTY FOUR /
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PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 10718 OF 2024
Between:
R.Krishna Murthy, S/o. A. Adinarayana, Aged 53 Years, R/o. Door No.
2/329, Sankarapuram (Post), (M), Kadapa District.
...PETITIONER
AND
1. The State of AP, by its Principal Secretary, Water Resources
Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur
District.
2. The State of AP, Rep. by its Principal Secretary Finance and Planning
Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur
District.
3. The Andhra Pradesh Center for Financial Systems and Services, o/o
6th floor, C Block, Anjaneya Towers, Ibrahimpatnam, Krishna District
(Present NTR District)., Rep. by its Chairman cum Principal Secretary
Finance Department.
4. The Engineer in Chief (Irrigation), Water Resource Department,
Irrigation Compound, Governorpet, Vijayawada, Krishna District.
(Present NTR District)
5. The Executive Engineer, Water Resource Department, Madanapalle,
Annamayya District.
6. The Deputy Executive Engineer, Irrigation Sub-division, Thamballapalle
at Madanapalle, Annamayya District.
7. The Pay and Accounts Officer (Works and Accounts), Chittoor.
...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 to Writ or Order or a direction, more in the form of writ of
mandamus, declaring the inaction of the Respondents in not making
payment of Rs.20,96,275/- (Rupees twenty lakhs ninety six thousand two
hundred and seventy five only) in total amount for the execution Neeru -
Pragathi- Programme- Restoration of CheckDam-2 across Zinkala Cheruvu
Vanka near R.S.Kothapalle Village, H/o. Vepurikota Village in
Mulakalacheruvu Mandal of Chittoor District, Ag.No.450SE/2017-18 dated
29.08.2017 as highly illegal, irregular, arbitrary, unreasonable, unjustified,
unfair and in violation of the Article 14,19 and 21 of the Constitution of India
and consequently direct the Respondents to make the payment of
aforementioned amount forthwith along with interest @ 24% P.A.
lA 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 to direct the Respondents to pay an amount Rs.20,96,275/-
(Rupees twenty lakhs ninety six thousand two hundred and seventy five
only) in total amount for the execution Neeru -Pragathi- Programme-
Restoration of CheckDam-2 across Zinkala Cheruvu Vanka near
R.S.Kothapalle Vilalge, H/o. Vepurikota Village in Mulakalacheruvu Mandal
of Chittoor District, Ag.No.450SE/2017-18 dated 29.08.2017 under
Ag.No.450SE/2017-18 dated 29.08.2017 of the writ petition.
Counsel for the Petitioner: SRI T. NAGARJUNA REDDY
Counsel for the Respondent Nos.1,4 to 6: GP FOR IRRIGATION & CAD
Counsel for the Respondent Nos.2, 3 & 7:GP FOR FINANCE AND
PLANNING
The Court made the following: ORDER
APHC010211012024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
[3329]
(Special Original Jurisdiction)
FRIDAY,THE TWENTY FIRST DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 10718/2024
Between:
R Krishna Murthy ...PETITIONER
AND
The State Of Ap and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.T NAGARJUNA REDDY
Counsel for the Respondent(S):
1.GP FOR FINANCE PLANNING
2.GP FOR IRRIGATION COMM AREA DEV
The Court made the following:
ORDER:
1. The petitioner had been awarded the contract of work(s) under
the subject scheme in Chittoor District. After execution of the said
contract, a final bill was prepared for a sum of Rs.20,96,275/- 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
the written instructions issued by the Executive Engineer,
Madanapalli, dated 06.05.2024, wherein it is stated that due to lack
of budget, payment was not made to the petitioner. Soon after
release of the budget, bill will be submitted for payment.
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.20,96,275/- 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.
SD/- K.J.RAJA BABU
//TRUE COPY// ASSISTANTlREGISTRAR
I:
SECTI ICER
To,
1. The Principal Secretary, Water Resources Department, State of A.P.,
Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
2. The Principal Secretary Finance and Planning Department, State of
A.P., Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
3. The Andhra Pradesh Center for Financial Systems and Services, o/o
6th floor, C Block, Anjaneya Towers, Ibrahimpatnam, Krishna District
(Present NTR District)., Rep. by its Chairman cum Principal Secretary
Finance Department.
4. The Engineer in Chief (Irrigation), Water Resource Department,
Irrigation Compound, Governorpet, Vijayawada, Krishna District.
(Present NTR District)
5. The Executive Engineer, Water Resource Department, Madanapalle,
Annamayya District.
6. The Deputy Executive Engineer, Irrigation Sub-division, Thamballapalle
at Madanapalle, Annamayya District.
7. The Pay and Accounts Officer (Works and Accounts), Chittoor.
8. One CC to Sri T. Nagarjuna Reddy, Advocate [OPUC'
9. Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati
[OUT]
10. Two CC's to GP for Finance and Planning, High Court of A.P. at
Amaravati [OUT]
11. Three CD Copies.
Ssb(MBT)
A
HIGH COURT
DATED;21/06/2024
ORDER
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WP.No.10718 of 2024 VO
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DISPOSING OF THE W.P. WITHOUT COSTS
