Andhra Pradesh High Court - Amravati
G. Sridhar Gopala Krishna, vs The State Of Andhra Pradesh, on 23 September, 2024
APHC010332752024
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: 17811/2024
Between:
1. G.SRIDHAR GOPALA KRISHNA, S/O. G. RAMA MOHAN RAO, AGED
ABOUT 46 YEARS, ENGINEER AND CLASS I CONTRACTOR, R/O.
D.NO.59A-21-7/1A, FLAT NO.203, VENKAT MEADOWS,
R.R.GARDENS, PATAMATA, VIJAYAWADA-520007, KRISHNA
DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT
BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY FINANCE AND PLANNING DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.
3. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS,
ASHOK NAGAR, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH
522006
4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE,
NAGARAMPALEM, GUNTUR, GUNTUR DISTRICT, ANDHRA
PRADESH 522006
5. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE (MAJOR
IRRIGATION), WATER RESOURCES DEPARTMENT, GUNTUR
DISTRICT.
2
BSB,J
W.P.No.17811 of 2024
6. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, REPALLE,
GUNTUR DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. VENKAT CHALASANI
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 of MANDAMUS, declaring the action of the
respondents herein in not making payment of final bill
pertaining to Agreement No.31/2023-24, dated 31.07.2023,
for a final bill amount of Rs.9,50,468/-, all agreements
executed between the petitioner and 6th respondent herein,
basing upon the lump sum contract final bill issued in that
regard, as illegal, arbitrary and violative of Article 14 and
19(1)(g) of the Constitution of India and consequently direct
the respondents herein to make payment of the final bill to the
petitioner in respect of the above said agreement, forthwith, in
accordance with Sections 15 & 16 of the MSME Act, 2006
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.
BSB,J
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, Drainage Division, Repalle,
dated: 22.08.2024. He submitted that the work bill is not received due to
contractor/petitioner has not given "Release & Discharge Certificate" as per
codal rules i.e., PS No.70 of APDSS and further submitted that the processing
of the bill for payment of the above work will be taken up soon after the receipt
of bill from the concerned Sub Division and prayed to pass an 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.9,50,468/- 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.
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:17811 of 2024
Date: 23.09.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.17811 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
