Andhra Pradesh High Court - Amravati
T Kranthi Kumar vs The State Of Andhra Pradesh on 24 June, 2024
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE TWENTY FOURTH DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 10184 OF 2024
Between:
T.Kranthi Kumar, S/o Ramamohana Rao, aged about 44 years, Occ:
Business, R/o Rajupeta Village, Pedapadu Mandal, West Godavari District
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary Irrigation
and Water Resources (CAD) Department, at Secretariat, Velagapudi,
Amaravathi, Guntur District, A.P.
2. The State of Andhra Pradesh, Rep. by its Principal Secretary Finance
and Planning department, at Secretariat, Velagapudi, Amaravathi,
Guntur District, A.P.
3. The Superintending Engineer, Irrigation circle, Krishna Eastern Division,
Vijayawada, NTR District
4.
The Executive Engineer, Water Resources Department, Krishna
Eastern Division, Vijayawada, NTR District
5. Pay and Accounts Officer, Vijayawada, NTR 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 an appropriate Writ, Order or Direction particularly one
in the nature of Writ of Mandamus more declaring the inaction on the part of
the respondents in paying the final bill amount of Rs 8,53,097/- Eight lakhs
fifty three thousand ninety seven ) to the petitioner in respect of execution of
the work relating to agreement Nos.22/2022-23 dated 27-06-2022 as illegal,
arbitrary, and violation of principles of natural justice and violation of Article
14, 19 (1) (g) of Constitution of India and consequently direct the
respondents to pay the said amount of Rs 8,53,097/- (Eight lakhs fifty three
thousand ninety seven ) to the petitioner with interest @18 percentage per
annum from 01-12-2022 till the, interest of justice and the date of payment.
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 of Rs 8,53,097/- (Eight
lakhs fifty three thousand ninety seven) to the petitioner in respect of
execution of work relating to work agreement No:22/2022-23 dated 27- 06-
2022 in the interest of Justice pending disposal of the writ petition.
Counsel for the Petitioner: SRI. CH B R P SEKHAR
I
Counsel for the Respondent Nos.1,3,4: GP FOR IRRIGATION COMMAND
AREA DEVELOPMENT
Counsel for the Respondent Nos.2 &5: GP FOR FINANCE AND
PLANNING
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.10184 of 2024
ORDER:
1. The petitioner had been awarded the contract of work(s) under the
subject scheme in West Godavari District. After execution of the said
contract, a final bill was prepared for a sum of Rs.8,53,097/- 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.
the
2. It is the contention of the petitioner that even though
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
arbitraiy 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, Vijayawada dated
* .
21.06.2024. He would submit that LOG is not allotted to the said works,
after release of the LOG the bills will be submitted to payment.
5. In view of the aforesaid directions of this Gourt 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.8,53,097/- to the petitioner, along with the interest @ 6% per annum,
in view of the judgment of the Hon'ble Division Bench of this Gourt 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.
Gonsequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
SD/- K. KASI RAO ACHARI s
i
//TRUE COPY//
ASSISTANT^EGISJRAR |
sectIonofficer
To,
1. The Principal Secretary Irrigation and Water Resources (CAD) Department, at
Secretariat, Velagapudi, Amaravathi, Guntur District, A.P.
2. The Principal Secretary Finance and Planning department, at Secretariat,
Velagapudi, Amaravathi, Guntur District, A.P.
3. The superintending engineer, Irrigation circle, Krishna Eastern Division,
Vijayawada, NTR District
4. The Executive Engineer, Water Resources Department, Krishna Eastern
Division, Vijayawada, NTR District
5. Pay and accounts Officer, Vijayawada, NTR District.
6. One CC to SRI CH B R P SEKHAR Advocate [OPUC]
7. Two CCs to GP FOR IRRIGATION COMMAND AREA DEVELOPMENT, High
Court of Andhra Pradesh [OUT]
8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT]
9. Three CD Copies
AL(MBT)
•I'v ■.
HIGH COURT TL
DATED:24/06/2024
ORDER
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DISPOSING OF THE WP WITHOUT COSTS
