Andhra Pradesh High Court - Amravati
G Mallaiah, vs The State Of Andhra Pradesh, on 23 September, 2024
APHC010387282024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 19815/2024
Between:
1. G MALLAIAH, S/O G MALLIKRISHNA, AGED ABOUT 51 YEARS, OCC
CONTRACTOR, D.NO:234 GOSANIPALLI(V), DHONE (M), KURNOOL
DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL
SECRETARY, IRRIGATION AND WATER RESOURCES
DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,
GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL
SECRETARY, FINANCE DEPARTMENT, SECRETARIAT,
VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
3. THE DISTRICT COLLECTOR IRRIGATION WING, KURNOOL,
KURNOOL, DISTRICT.
4. THE DEPUTY EXECUTIVE ENGINEER, M.L. WORKS SUB-DIVISION,
DHOFRE, KURNOOL DISTRICT.
5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT,
M.L. WORKS DIVISION, KURNOOL, KURNOOL DISTRICT.
6. THE SUPERINTENDENT OF ENGINEER, IRRIGATION CIRCLE,
KURNOOL, KURNOOL DISTRICT.
...RESPONDENT(S):
2
BSB,J
W.P.No.19815 of 2024
Counsel for the Petitioner:
1. KOMMA VIJAYA RAJ KUMAR
Counsel for the Respondent(s):
1. GP FOR IRRIGATION COMM AREA DEV
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 herein in not releasing the total bills amount of
total worth Rs.37,90,154/-;
1) Rs.9,79,261/- vide M.Book No.4020Ml and
Agreement No.2401/2018-19, dated:14.03.2019 in
respect of work for Construction of check Dam
across Vanka near Aspari (V), Aspari (M), Kurnool
District.
2) Rs.9,55,872/- vide M.Book No.4011MI and
Agreement No.2395/2018-19, dated:14.03.2019 in
respect of work for Construction of check Dam across
Vanka near Aspari (V), Aspari (M), Kurnool District.
3) Rs.8,86,144/- vide M.Book No.4016Ml and
Agreement No.2396/2018-19, dated:14.03.2019 in
respect of work for Construction of check Dam across
Vanka near Aspari (V), Aspari (M), Kurnool District.
4) Rs.9,68,877/- vide M.Book No.4017Ml and
Agreement No.2399/2018-19, dated:14.03.2019 in
BSB,J
respect of work for Construction of check Dam across
Vanka near Aspari (V), Aspari (M), Kurnool District.
Despite successful completion of the work executed
by me in terms of Agreement, under Neeru-Chettu Programme
even after finalizing the bills and the same were generated in
M.Books pass orders, in spite of repeated requests is illegal,
arbitrary, unreasonable and violative of Articles 14, 16 & 21 of
Constitution of India and consequently direct the respondents
herein forthwith to release the total bill amount of
Rs.37,90,164/- and pay the amount along with interest @ 24%
p.a 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 instructions
received from the Executive Engineer, M.I.W. Division, Kurnool vide
Lr.No.F.EE/MI/KNL/CFMS/No:1090M, dated 18.09.2024. He submitted that
the budget is released and the bills are under process for payment and prayed
to pass an appropriate order.
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.37,90,164/- 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.
BSB,J
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.
6. Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
___________________ ___
JUSTICE B.S. BHANUMATHI
Date: 23.09.2024
DSV
BSB,J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:19815 of 2024
Date: 23.09.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.19815 of 2024
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
02. 23.09.2024 BSB, J
The Writ Petition is allowed.
(vide separate order)
_________________
B.S.BHANUMATHI,J
DSV
