Vemuri Sathya Sai Vara Prasad, vs The State Of Andhra Pradesh
2024 Latest Caselaw 9520 AP

Andhra Pradesh High Court - Amravati

Vemuri Sathya Sai Vara Prasad, vs The State Of Andhra Pradesh on 21 October, 2024

 APHC010440592024
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                              [3311]
                           (Special Original Jurisdiction)

               MONDAY ,THE TWENTY FIRST DAY OF OCTOBER
                   TWO THOUSAND AND TWENTY FOUR
                              PRESENT
              THE HONOURABLE MS JUSTICE B S BHANUMATHI
                     WRIT PETITION NO: 22765/2024
Between:
Vemuri Sathya Sai Vara Prasad,                                     ...PETITIONER
                                 AND
The State Of Andhra Pradesh and Others                        ...RESPONDENT(S)

Counsel for the Petitioner:
  1. RAMESH BABU TALLURI
Counsel for the Respondent(S):
  1. GP FOR IRRIGATION COMM AREA DEV
  2. GP FOR FINANCE PLANNING


The Court made the following:
O R D E R:

This petition is filed under Article 226 of th thee Constitution of India praying as follows:

"to to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the final bills amount of Rs. 15,66,598/-, 15,66,598/ Rs.6,87,227/- and Rs.6,81,438/-, Rs.6,81,438/ totaling Rs.29,35,263/- to the petitioner along with interest for the works executed in pursuance of the agreements entered into with the 5th respondent vide Agreements No. 60/2023-24 24, 64/2023-24 and 65/2023-24 24 dated 09.10.2023 as illegal, arbitrary, violation of principles of natur natural al justice and unconstitutional and consequently direct the respondents to release undisputed final bill amount of Rs. 15,66,598/ 15,66,598/-, Rs.6,87,227/-,, Rs.6,81,438/ Rs.6,81,438/-

totaling Rs.30,94,450/- to the petitioner along with interest for the works

executed by him in pursuance of the agreements entered into with the 5th respondent".

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 (FAC), Drainage Division, Gudivada, dated 20.10.2024. He submitted that the bill is not uploaded in CFMS as the bill was not received from Sub-Division office and prayed to pass appropriate orders.

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 total amount of Rs. 29,35,263/- 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.

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: 21.10.2024 PNV