Andhra Pradesh High Court - Amravati
Narina Venkata Nagendra Kumar vs The State Of Andhra Pradesh, on 11 November, 2024
APHC010478822024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY, THE ELEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 24741/2024
Between:
Narina Venkata Nagendra Kumar ...PETITIONER
AND
The State of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. ANNAMNEEDI BALAKRISHNA
Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
2. GP FOR FINANCE PLANNING
The Court made the following Order:
This writ petition is filed seeking the following relief:
"...to issue an appropriate writ, order or direction more
particularly one in the nature of Writ of Mandamus declare the
inaction on part of the respondents herein not releasing the final
bills amount worth of Rs.23,87,245/- 1)Amount of Rs.11,07,496/-,
M.Book No.2813 GW vide Agreement No.110/2022-23, 2)Amount
Rs.5,61,514/-, Quality Control Certificate No.4450 dated
14.08.2024, M.Book No. 2776 GW Agreement No.50/2023-24, 3)
Amount Rs.7,18,235/-, Quality Control Certificate No.44323 dated
05.09.2023 and M.Book No.2778 GW vide Agreement
No.87/2022-23 with interest of execution of completion of O&M
works under Irrigation Department, to the petitioner till today and
causing heavy loss with interest even though total work was
completed as per the agreement as illegal, arbitrary and violative
of Articles 14, 16 and 21 of the Constitution of India and
consequentially to direct the respondents releasing the final bills of
total amount worth of Rs.23,87,245/- for execution of completion of
Irrigation works under Water Resources Department as per
agreement to the petitioner forthwith..."
02. It is the contention of the petitioner that even though the respondents
admitted that the petitioner is entitled to the aforesaid amount, no payment is
made. The petitioner contends that such non-payment of money is clearly
arbitrary and high-handed, requiring the interference of this Court.
03. 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, Godavari Western Division,
Nidadavole, East Godavari District, vide Letter No.EE/GWD/NDD/CB/IC.2/
1196, dated 30.10.2024. He submitted that LOC is not released by the higher
authorities and that soon after release of LOC the amount would be paid to
the petitioner.
04. 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.23,87,245/-
(Twenty Three Lakh Eighty Seven Thousand Two Hundred Forty Five
Rupees only) to the petitioner, 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. However, if the
petitioner is entitled to any higher amount the same shall also be paid as per
the entitlement.
05. It is open to the petitioner 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.
06. Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
___________________ ___
JUSTICE B.S. BHANUMATHI
Date: 11.11.2024
NSM
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:24741 of 2024
Date: 11.11.2024
NSM
