Andhra Pradesh High Court - Amravati
P Rama Gangireddy vs The State Of Andhra Pradesh on 21 June, 2024
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE TWENTY FIRST DAY OF JUNE o rr Ts
TWO THOUSAND AND TWENTY FOUR I
PRESENT • i''
I
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
r
WRIT PETITION NO: 10724 OF 2024
Between:
P.Rama Qangireddy, S/o. Pc Bayyapa Reddy, Aged 55 years
Thamballapalle (V) and (M), Chittoor District.
...PETITIONER
AND
1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Water
Resources Department, Secretariat Buildings, Velagapudi, Amaravathi,
Guntur District.
2. The State of Anhdra Prdesh, Rep. by its Principal Secretary Finance
and Planning Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
3. The Andhra Pradesh Centre for Financial Systems and Services, 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,
■ ■'•V. Annamayya District.
Deputy Executive Engineer, Irrigation Sub-division, Thamballapalle
■ '' -v';'-'- -i-1
' @ Madanapalle, Annamayya District..
•N 1:
' T. The Pay and Accounts Officer, (Works and Accounts), Chittoor.
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed praying
that in the circumstances stated in the affidavit filed therewith, the High
Court may be pleased to direct the Respondents to pay amount 1)
Rs.6,01,328/- (Rupees six lakhs one thousand three hundred and twenty
eight only) amount for execution of Neeru -Pragathi- Programme-
Restoration of Check dam across Gandi Kunta Vanka Near Annagaripalle
Village in Thambalapalle Mandal of Chittoor District, Vide Ag.No.148
DN/2018- 19 dated 01.09.2018, 2) Rs. 6,20,858/- (Rupees six lakhs twenty
thousand eight hundred and fifty eight only ) amount for execution Neeru -
Pragathi- Programme- Restoration of Check dam across Urimundara Vanka
Near Annagaripalle Village in Thambalapalle Mandal of Chittor District, Vide
Ag.No.891 DN/2018-19 dated 23.03.2018 as executed by the petitioner
along with interest @ 24 percent P.A., pending disposal of the writ petition.
lA NO: 1 OF 2024
Petition under Section 151 CPC is filed 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 1)
Rs.6,01,328/- (Rupees six lakhs one thousand three hundred and twenty
eight only) amount for execution of Neeru -Pragathi- Programme-
Restoration of Check dam across Gandi Kunta Vanka Near Annagaripalle
Village in Thambalapalle Mandal of Chittoor District, Vide Ag.No.148
DN/2018-19 dated 01.09.2018, 2) Rs. 6,20,858/- (Rupees six lakhs twenty
thousand eight hundred and fifty eight only) amount for execution Neeru -
Pragathi- Programme- Restoration of Check dam across Urimundara Vanka
Near Annagaripalle Village in Thambalapalle Mandal of Chittor District, Vide
Ag.No.891 DN/2018-19 dated 23.03.2018 as executed by the petitioner
along with interest @ 24% P.A., pending disposal of the writ petition.
Counsel for the Petitioner: SRI T.NAGARJUNA REDDY
Counsel for the Respondent Nos.1,4 to 6: GP FOR IRRIGATION AND
COMMAND AREA
DEVELOPMENT
Counsel for the Respondent Nos.2,3,7: GP FOR FINANCE AND
PLANNING
The Court made the following: ORDER
%
APHC010212462024
IN THE HIGH COURT OF ANDHRA PRADESH
I.
AT AMARAVATI [3329]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY FIRST DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NI MM AG ADD A
WRIT PETITION NO: 10724/2024
Between:
P Rama Gangireddy ...PETITIONER
AND
The State Of Andhra Pradesh 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 IRRI AND CAD (AP)
The Court made the following:
ORDER:
1. The petitioner had been awarded the contract of work(s) under
the subject schenne in Chittoor District. After execution of the said
contract, final bills were prepared for a sum of Rs.6,01,328/- &
Rs.6,20,858/- as per the sanctioned orders. As the payment of the
said amounts have not been made by the respondents, the
petitioner has approached this Court by way of this writ petition.
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/
/
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2. It is the contention of the petitioner that even though the
respondents admitted that the petitionerjs 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.Np.l0033 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 05.05.2024, wherein it is stated that due to lack
of budget, payments were not made to the petitioner, Soon after
release of the budget, bills 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.6,01,328/- & Rs.6,20,$58/- 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/-B.CH1TT1 JOSEPH
assistant registrar
//TRUE COPY//
SECTION^FICER
1. The Principal Secretary, Water Resources Department, Secretariat Buildings
Velagapudi, Amaravathi, Guntur District.
2. The Principal Secretary Finance and Planning Department, Secretariat
Buildings, Velagapudi, Amaravathi, Guntur District.
3. The Chairman cum Principal Secretary Finance Department, Centre for
Financial Systems and Services, 6th floor, C Block, Anjaneya Towers
Ibrahimpatnam, Krishna District (Present NTR District).,
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
Madanapalle, Annamayya District. .
7. The Pay and Accounts Officer, (Works and Accounts), Chittoor
8. One CC to SRI. T NAGARJUNA REDDY Advocate [OPUCl
^ Of Andhra Pradesh,
10.
to GP For Finance and Planning, High Court of Andhra
Pradesh at Amaravathi.
11.
Three CD Copies
AL
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HIGH COURT cr
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DATED:21/06/2024 y'
ORDER
DISPOSING OF THE WP WITHOUT COSTS
