Andhra Pradesh High Court - Amravati
S P Ragapa Naidu vs The State Of Ap on 11 November, 2024
APHC010419322024
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: 21529/2024
Between:
S P Ragapa Naidu ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. C SUBODH
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 a writ of mandamus or any other
appropriate writ or direction declaring the action of the
respondents in withholding the undisputed amount payable
to the petitioner in respect of work i.e., repairs to inspection
part from Akkacheruvupadu Tank pipe culvert to
Akkacheruvupadu CGFS pipe culvert in Akkacheruvupadu
Village, Neliore Mandal, SPSR Nellore District as illegal
arbitrary and contrary to the Principles of natural justice and
consequently direct the respondents to pay undisputed
amount of Rs.3,97,837/- payable to the petitioner in respect
of execution of afore mentioned work with an interest
@12% p.a. from the date of accepting the bills forthwith and
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, WRD, Nellore Central Division,
Nellore District, vide Letter No.AB/A1/Court case/, dated 28.10.2024. He
submitted that LOC is not allotted to the above said work and that after
release of the 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.3,97,837/- (Three Lakh Ninety Seven Thousand Eight Hundred Thirty
Seven 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:21529 of 2024
Date: 11.11.2024
NSM
