Andhra Pradesh High Court - Amravati
N Kesiviswanatha Reddy vs The State Of Ap on 11 November, 2024
MONDAY, THE ELEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION Nos: 24174, 24175, 24226, 24231, 24254, 24263, 24228,
24250 & 24272 of 2024
The Court made the following Common Order:
These writ petitions are filed under Article 226 of Constitution of India
to issue a writ of mandamus or any other appropriate writ or direction
declaring action of the respondents in not releasing the payments to the
petitioner in respect of various works even after finalizing the bills noted
below and consequently direct the respondents to consider for payment of
amounts with interest @24% per annum for the delayed amount to the
petitioner:
Sl. Writ Petition Agreement Agreement
Amount
No. No. No. Date
1 24174 of 2024 1024/2018-19 03.05.2018 Rs.8,44,540/-
2 24175 of 2024 412/2018-19 24.04.2018 Rs.8,44,839/-
3 24226 of 2024 466/2018-19 27.04.2018 Rs.8,42,357/-
4 24231 of 2024 470/2018-19 27.04.2018 Rs.8,41,965/-
5 24254 of 2024 404/2018-19 25.04.2018 Rs.8,43,594/-
6 24263 of 2024 468/2018-19 27.04.2018 Rs.8,43,429/-
7 24228 of 2024 413/2018-19 25.04.2018 Rs.8,45,655/-
8 24250 of 2024 1022/2018-19 03.05.2018 Rs.8,43,589/-
9 24272 of 2024 1023/2018-19 03.05.2018 Rs.8,45,138/-
W.P.No.24174 of 2024 & batch
Dt.11.11.2024
02. It is the contention of the petitioner that even though the respondents
admitted that the petitioner is entitled to the aforesaid amounts, 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 claims of the petitioner, placed on record instructions
received from the Executive Engineer, WRD, M.I.Works Division, Nandyal
District, vide Letter No.F-N10/TW/TO780M, dated 27.10.2024. He submitted
the bills are pending for want of budget and that soon after receipt of budget
from the government, the amounts 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, these Writ Petitions are
allowed with a direction to the respondents to release the amounts to the
petitioner as mentioned above, 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 these Writ
Petitions shall stand closed.
___________________ ___
JUSTICE B.S. BHANUMATHI
Date: 11.11.2024
NSM
W.P.No.24174 of 2024 & batch
Dt.11.11.2024
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION Nos: 24174, 24175, 24226, 24231, 24254, 24263, 24228,
24250 & 24272 of 2024
Date: 11.11.2024
NSM
