Andhra Pradesh High Court - Amravati
P Sudhakar Reddy vs The State Of Andhra Pradesh on 18 November, 2024
APHC010475532024
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: 24487/2024
Between:
P.Sudhakar Reddy ...Petitioner
And
The State of Andhra Pradesh and Others ...Respondent(s)
Counsel for the Petitioner:
1. Sivaprasad Reddy Venati
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, order or direction more particularly one
in the nature of Writ of Mandamus declaring the action of
the respondents in non-payment an amount of
Rs.3,24,250/-, in total due for the last three years even
after finalizing the bills, payable to the petitioner after the
successful completion of the execution of works i.e..
Repairs to Potelukalava under railway bridge in Manubolu
Mandal of SPSR Nellore District vide agreement
No.197/DN/2021-22, duly approved by the respondents, as
illegal, arbitrary, unjust, unreasonable and violative of
fundamental rights guaranteed to the petitioner under
Articles 14 and 21 of the Constitution of India and
consequently direct the respondents to release an amount
of Rs.3,24,250/-, towards the works executed by the
petitioner along with 12% interest per annum 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 petitioners, placed on record the written
instructions received from the Executive Engineer, WRD., Nellore Central
Division, Nellore vide Letter No.AB/A1/Court case, dated 28.10.2024. He
submitted that the LOC is not allotted to the work and that soon after release
of the LOC, the bill will be submitted 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 amount of Rs.3,24,250/- (Three
Lakhs Twenty Four Thousand Two Hundred and Fifty 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.
5. 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.
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:24487 of 2024
Date: 18.11.2024
DSV
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.24487 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
