Andhra Pradesh High Court - Amravati
Avuthu Narayana Reddy vs The State Of Andhra Pradesh on 7 November, 2024
APHC010414272024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY ,THE FOURTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 21249/2024
Between:
Avuthu Narayana Reddy and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. K L N SWAMY
Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
2. GP FOR FINANCE PLANNING
BSB,J
W.P.No.21249 of 2024
The Court made the following ORDER:
This writ petition is filed seeking the following relief:
"...to issue order or orders direction or directions Writ or
Writs particularly one in the nature Writ of Mandamous or any
appropriate writ declare the action of the respondents in not
paying the bills for execution of works by the Petitioner works
under (1) Agreement No.17 of 2023-24 Dated 21.06.2023 (2)
Agreement No.15 of 2023-24 (Sic 2022-2023) Dated
01.08.2022 (3) Agreement No.16 of 2023-24 Dated 21.06.2023
(4) Agreement No.36 of 2023-24 Dated 21.07.2023 (5)
Agreement No.34 of 2023-24 Dated 21.07.2023 (6) Agreement
No.35 of 2023-24 Dt. 21-07-2023 (7) Agreement No.37 of 2023-
24 Dated 21.07.2023 (8) Agreement No. 38 of 2023-24 Dated
21.07.2023 (9) Agreement No.33 of 2023-24 Dated 21.07.2023.
Total nine works amount of Rs.44,73,523/- to the petitioner with
6 % interest till today from the date of completion of respective
works as illegal arbitrary, violation of principles of natural justice
and violative of Article 14,19 (i) g 21 of the Constitution of India,
consequently direct the respondents to release the bills for the
above completed works immediately with 6% interest and
pass...."
2. It is the contention of the petitioners that even though the respondents
admitted that the petitioners are entitled to the aforesaid amount, no payment
is made. The petitioners contend that such non-payment of money is clearly
arbitrary and high-handed requiring the interference of this Court.
3. On the other hand, the learned Government Pleader for Irrigation, while
admitting about the claim of the petitioners, placed on record instructions
received from the Executive Engineer, Drainage Division, Repalle, vide Letter
BSB,J
No.EE/DD/RPL/AEE(T) dated 14.10.2024 wherein the Gross Amount is
shown as Rs.43,77,952/- (Rupees Forty Three Lakhs Seventy Seven
Thousand Nine Hundred and Fifty Two only). He submitted that due to non-
release of LOC to the required extent, the above work bill is pending. Hence,
the pending work bills will be processed in CFMS immediately after release of
LOC by the government and based on seniority and availability of State
budget provisions and prayed to pass an appropriate order.
4. In view of the submissions of the learned counsel for the petitioner and
the learned Government Pleader for Irrigation, this Writ Petition is allowed
with a direction to the respondents to release the amount of Rs.43,77,952/-
(Rupees Forty Three Lakhs Seventy Seven Thousand Nine Hundred and Fifty
Two only), along with any other higher amount, if payable, to the petitioners
along with the interest as per the entitlement vide the judgment of the Division
Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated
12.10.2023, within a period of two (02) months from the date of receipt of a
copy of this order.
5. It is open to the petitioners to agitate the claim for higher rate of interest,
if any, payable by the respondents, before an appropriate forum. There shall
be no order as to costs.
6. Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
___________________ ___
JUSTICE B.S. BHANUMATHI
Date: 14.10.2024
klk
BSB,J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:21249 of 2024
Date: 14.10.2024
klk
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.18531 of 2024
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
02. 23.09.2024 BSB, J
The Writ Petition is allowed.
(vide separate order)
_________________
B.S.BHANUMATHI,J
DSV
BSB,J
