Andhra Pradesh High Court - Amravati
B Ramana vs The State Of Ap on 4 November, 2024
APHC010129292024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY, THE FOURTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 6775/2024
Between:
B Ramana ...PETITIONER
AND
The State of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. N. Siva Reddy
Counsel for the Respondent(S):
1. GP for Finance Planning
2. GP for Irrigation Comm Area Dev
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
respondent Authorities in not paying the bills to the petitioner
for the works covered under Agreement Nos.01/2022-23,
Dt.11-04-2022, 02/2022-23, Dt.11-04-2022 and 03/2022-23
Dt.11-04-2022 entered into with the 3rdrespondent as illegal,
arbitrary and violative of Articles 14, 19(1)(g), 21 and 300-A of
Constitution of India and consequently direct the respondent
BSB, J
authorities to pay the said bill amounts with interest @18% from
the date of due till the payment is made forthwith and 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 instructions
received from the Executive Engineer, Y.I.Division, Peddapuram, vide
Lr.No.EE/Y.I.Divn/PDP/Supdt/731M-M dated 12.07.2024. It is submitted that
the work bills were processed and uploaded and bills are pending for fund
clearance 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 total amount of Rs.51,78,324/-
(Rupees Fifty One Lakhs Seventy Eight Thousand Three Hundred and Twenty
Four Only)payable 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.
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: 04.11.2024
KMS
BSB, J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:6775 of 2024
Date: 04.11.2024
KMS
