Andhra Pradesh High Court - Amravati
K Goapl Reddy vs The State Of Ap on 18 November, 2024
APHC010465802024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY, THE EIGHTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 24404/2024
Between:
K.Gopal Reddy ...Petitioner
...
And
The State of Andhra
ndhra Pradesh and Others ...Respondent
Respondent(s)
Counsel for the Petitioner:
1. Marella Radha
Counsel for the Respondent(
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
declaring the action of the respondents in not releasing
WHA and EMD amounts for the following works executed
by the petitioner under the scheme Neeru Chettu
Providing Execution of Works,
Works with 10% interest,
1) Desilting of Nandyal big tank towards Ganapathigudi to
Mahanandi Road from Km 0.105 to Km 0.210 near
Nandyal (V&M) through the agreement No.963/2018-19
dated 03.07.2018 for an amount of Rs.98,257/-.
2) Desilting of Nandyal big tank towards Mulakatta to
Ganapathigudi from Km 0.845 to Km 0.945 near Nandyal
(V&M) through the agreement No.962/2018-19 dated
03.07.2018 for an amount of Rs.98,539/-.
3) Desilting of Nandyal big tank towards Mulakatta to
Ganapathigudi from Km 0.740 to Km 0.840 near Nandyal
(V&M) under Neeru Chettu Programme ID No.
13013412030 through the agreement No.961/2018-19
dated 03.07.2018 for an amount of Rs. 98,346/-.
4) Desilting of Nandyal big tank towards Ganapathigudi to
Mahanandi Road from Km 0.215 to Km 0.315 near
Nandyal (V&M) through the agreement No.965/2018-19
dated 03.07.2018 for an amount of Rs.98,345/-.
5) Desilting of Nandyal big tank towards Ganapathigudi
to Mahanandi Road from Km 0.425 to Km 0.525 near
Nandyal (V&M) through the agreement No.967/2018-19
dated 03.07.2018 for an amount of Rs. 98,539/-.
6) Desilting of Nandyal big tank towards Ganapathigudi to
Mahanandi Road from Km 0.105 to Km 0.210 near
Nandyal (V&M) through the agreement No.964/2018-19
dated 03.07.2018 for an amount of Rs. 98,345/-.
7) Desilting of Nandyal big tank between Nandyal and
Ganapathi temple from Km 0.110 to Km 0.210 near
Nandyal (V&M) through the agreement No. 1279/2018-19
dated 06.07.2018 for an amount of Rs. 98,329/-.
8) Desilting of Nandyal Small tank between Nandyal and
Mulammattam temple from Km 0.370 to Km 0.470 near
Nandyal (V&M) through the agreement No.1280/2018-19
dated 06.07.2018 for an amount of Rs. 98,381/-.
9) Desilting of Nandyal big tank towards Ganapathigudi to
Mahanandi Road from Km 0.530 to Km 0.630 near
Nandyal (V&M) through the Agreement No.922/2018-19
dated 03.07.2018 for an amount of Rs.98,347/- and totaling
an amount of Rs.8,85,428/- is illegal, arbitrary and contrary
to law and unconstitutional and violation of Article 14 of
Constitution of India and consequently direct the
respondent authorities to release WHA and EMD amount
of Rs.8,85,428/- with 18% per annum to the petitioner in
respect of the execution of aforementioned work forthwith
and to pass....
2. 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.
3. On the other hand, learned Government Pleader for Irrigation, while
admitting about the claim of the petitioner, placed on record the written
instructions received from the Executive Engineer, W.R.D., K.C. Canal
Division, Nandyal vide Letter No.EE/KCC/AB/MC, dated Nil.10.2024. He
submitted that the budget proposals for withheld and EMD amounts were
submitted and that soon after release of budget, the bills will be prepared and
submitted to the APAO, Nandyal for payment and prayed to pass appropriate
orders.
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 withheld and EMD amounts to
the petitioner, along with the interest on the withheld amount only 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 petitioner to agitate before an appropriate forum, to
claim for higher rate of interest, if any, payable by the respondents. There
shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
___________________ ___
JUSTICE B.S. BHANUMATHI
Date: 18.11.2024
DSV
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:24404 of 2024
Date: 18.11.2024
DSV
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.24404 of 2024
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
1 18.11.2024 BSB, J
The Writ Petition is allowed.
(vide separate order)
_________________
B.S.BHANUMATHI,J
DSV
