Andhra Pradesh High Court - Amravati
Yrk Constructions vs The State Of Andhra Pradesh on 11 November, 2024
APHC010487202024
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: 25360/2024
Between:
YRK Constructions ...PETITIONER
AND
The State of Andhra Pradesh and others ...RESPONDENT(S)
Counsel for the Petitioner:
1. BATTULA SANJAIAH GANDHI
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 or order or a direction more
particularly one in the nature of Writ of Mandamus declaring the
action of the respondents in not releasing the admitted LS-7th and
part bill payment of Rs.52,96,990/- even after finalized the bill long
back payable to the petitioner after successful execution of work
for 'Package No.1 Modernization of Ravulapuram tank near
Ravulapuram Village in Bollapalli Mandal, Chappidivagu Tank
near Bollapalli (Village & Mandal), Macherla Big tank, near
Macherla (Village & Mandal), Vippparla West Tank near Vipparla
Redddypalem Village in Rompicherla Mandal and Inavolu Tank
near Inavolu Village in Nuzendia Mandal of Guntur District under
Japan International Co-operation Agency (JICA) APILIP-Phase II'
vide Agreement.No.47-SE/2018-19, dated 08.02.2019 and
Suppl.Agreement.No.10-SE/2022-23, dated 06.10.2022, in Water
Resources Department, Irrigation Circle, Guntur, Irrigation
Division, Guntur, which is illegal, arbitrary and violative of Articles
14, 21 and 300-A of the Constitution of India and also violative of
principles of natural justice and consequently direct the
respondents to release the payment of Rs.52,96,990/- due to the
petitioner in respect of execution of work forthwith interest of 18%
and to pass..."
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, Irrigation Division, Guntur District,
vide Letter No.EE/ID/GNT/AB/A1/Court Cases/717M, dated 11.11.2024. He
submitted that LS-7th & final bill presented to CFMS vide token No.2024-
165467 and pending for fund clearance and that the amount will be paid to
the petitioner on seniority and availability of state government budget
provisions. Thus, the petitioner stated that the amount payable is under part
bill, whereas the written instructions state that it is final bill.
04. In view of the submissions of the learned counsel for the petitioner
and the learned Government Pleader for Irrigation, without going into the
issue whether it is part or final bill, this Writ Petition is allowed with a
direction to the respondents to release the amount of Rs.52,96,990/- (Fifty
Two Lakh Ninety Six Thousand Nine Hundred Ninety Rupees only) to the
petitioner, and further amount if payable, 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.
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:25360 of 2024
Date: 11.11.2024
NSM
