Andhra Pradesh High Court - Amravati
Muvva Satyanarayana, vs The State Of Andhra Pradesh, on 24 June, 2024
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV
(Special Original Jurisdiction) -m
MONDAY ,THE TWENTY FOURTH DAY OF JUNE E W ®
TWO THOUSAND AND TWENTY FOUR
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PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 8522 OF 2024
Between:
1.
Muvva Satyanarayana, S/o. Rama Rao, Aged 44 Years, Occ
Contractor, R/o. D.No.2/89, Muvva Vari Street, Main Road,
Tirumalapuram Village, Jangareddygudem Mandal, Eluru District. (West
Godavari District)
...PETITIONER
AND
1.
The State of Andhra Pradesh, Rep. by its Principal Secretary to
Government, Water Resources Department, Secretariat, Velagapudi,
Amaravathi, Guntur District.
2.
The Chief Engineer, Minor Irrigation Department, Vijayawada, NTR
District.(Erstwhile Krishna District)
3. The District Collector, Eluru District at Eluru. (Erstwhile West Godavari
District).
4. The Superintendent Engineer, Irrigation Circle, Water Resources
Department, Eluru, Eluru District. (Erstwhile West Godavari District).
5. The Executive Engineer, I and CAD, Irrigation Division, Water
Resources Department, Eluru, Eluru District. (Erstwhile West Godavari
District).
6. The State of Andhra Pradesh, Rep. by its Principal Secretary to
Government, Department of Finance and Planning, Secretariat,
Velagapudi, Amaravathi, Guntur 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 to issue a writ, order or direction more particularly one in the
nature of WRIT OF MANDAMUS declaring the action of respondents in non
payment of withholding the WITH HELD deposit amounts of Rs. 4,04,142/-,
payable to the petitioner after the successful completion of the execution of
i.
S * 3'different irrigation works in Jangareddygudem Mandal of Eluru District
i(£^stwbjle West Godavari District) under Neeru-Chettu programme, issued
irrational and offends under
by 41:H, and 5th respondents, as illegal, irregular,
Articles ^14, 21 and 3 00-A of Constitution of India and consequently direct
to said withheld
^1h^' respondents to pay the sum of money payable pursuant
. amount dues to the petitioner.
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 release and pay WITH HELD deposit
after the successful
amounts of Rs. 4,04,142/-, payable tp the petitioner
completion of the execution of 3 different irrigation works
^ in
West Godavari
Jangareddygudem Mandal of Eluru District., (Erstwhile pending
District) executed by him under Neeru-Chettu programme,
disposal of the main writ petition.
Counsel for the Petitioner(s): SRI. NIMMAGADDA REVATHI
Counsel for the Respondent Nos.1 to 5: GP FOR IRRI AND CAD (AP)
Counsel for the Respondent No.6: GP FOR FINANCE AND PLANNING
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.8522 of 2024
ORDER:
1. This writ petition under Article 226 of Constitution of India is
filed to issue writ of mandamus, declaring the action of respondents
in withholding payments of bill, payable to the petitioner in relation
to the execution of work under the subject scheme, as illegal,
arbitrary and contrary to the- principles of natural justice.
2. It is the case of the petitioner that the petitioner has executed
the work under the subject scheme, the respondents having been
)'
satisfied with the execution of works, prepared the bills, but the
amount was not paid, for different reasons.
3. During hearing, learned Government Pleader for Irrigation
placed on record, the written instructions passed by the Executive
Engineer, Irrigation Division, Eluru, dated 11.04.2024 stating that
the bill of the petitioner will be processed in CFMS immediately after
release of LOC by the Government and based on seniority and
availability of budget provisions.
4. In view of the instructions placed on record, the respondents
are directed to clear the bill amounts 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, failing which the bill amounts
will carry interest @ 12% per annum, till the actual payment of the
amount to the petitioner.
5. With the above directions, the Writ Petition is disposed of,
without touching the merits, as to the maintainability of the writ
petition. There shall be no order as to costs.
6. Consequently, Miscellaneous Petitions, if any, pending in this
Writ Petition shall stand closed.
Sd/- SHAIK MOHD. RAFI
assistan:^ registrar
//TRUE COPY//
SB FFICER
' To,
1. The Principal Secretary to Government, Water Resources Department,
Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The Chief Engineer, Minor Irrigation Department, Vijayawada, NTR
District.(Erstwhile Krishna District)
3. The District Collector, Eluru District at Eluru. (Erstwhile West Godavari
District).
4. The Superintendent Engineer, Irrigation Circle, Water Resources Department
Eluru, Eluru District. (Erstwhile West Godavari District).
5. The Executive Engineer, I and CAD, Irrigation Division, Water Resources
Department, Eluru, Eluru District. (Erstwhile West Godavari District).
6. The Principal Secretary to Government, Department of Finance and Planning,
Secretariat, Velagapudi, Amaravathi, Guntur District.
7. One CC to Sri. Nimmagadda Revathi Advocate [OPUC]
8. Two CCS to GP FOR IRRI AND CAD (AP),High Court Of Andhra Pradesh.
[OUT]
9. Two CCs to GP for Finance &Planning, High Court of Andhra Pradesh.[OUT].
lO.Three CD Copies
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HIGH COURT TL
DATED:24/06/2024
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ORDER o
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DISPOSING OF THE WP WITHOUT COSTS
