Andhra Pradesh High Court - Amravati
H K Constructions vs The State Of Andhra Pradesh on 23 September, 2024
APHC010364342024
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: 18470/2024
Between:
1. H K CONSTRUCTIONS, D.NO.24/163, SHANTHI NAGAR,
DHARGAMITTA, NELLORE, SPSR NELLORE DISTRICT REP BY
ITS., MANAGING PARTNER, SRI. PUNURU KRISHNA REDDY, S/O.
ADEPA REDDY, AGED ABOUT 68 YEARS, OCC-BUSINESS.
D.NO.24/163, SHANTHI NAGAR, DHARGAMITTA, NELLORE, SPSR
NELLORE DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT, WATER RESOURCES
DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,
GUNTUR DISTRICT.
2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT, FINANCE AND PLANNING
DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,
GUNTUR DISTRICT.
3. SUPERINTENDENT ENGINEER, IRRIGATION/WATER RESOURCES
DEPARTMENT, NELLORE CIRCLE, SPSR NELLORE DISTRICT.
4. EXECUTIVE ENGINEER, IRRIGATION/W.R.D, NELLORE CENTRAL
DIVISION, NELLORE, SPSR NELLORE DISTRICT.
5. DEPUTY EXECUTIVE ENGINEER, IRRIGATION/W.R.D, SUB-
DIVISION, BUCHHIREDDYPALEM, SPSR NELLORE.
2
BSB,J
W.P.No.18470 of 2024
6. PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, NELLORE,
SPSR NELLORE DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. MALIREDDY GOWTHAM
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 in the
nature of WRIT OF MANDAMUS declaring the action of the
respondents in not releasing the amount of Rs.9,64,648/- along
with interest for the work executed by the petitioner pursuant to
the agreement bearing No.392 O&M/DN/2021-22, dated
30.12.2021 for Strengthening of the bank to the Pyderu Escape
Channel at Reddypalem Village of Buchireddypalem Mandal of
SPSR Nellore District as illegal, irregular, irrational and violation
of Article 14, 19(1)(g) and 21 of the Constitution of India and
consequently direct the Respondents to pay the of
Rs.9,64,648/- along with interest for the delaying the payment
to the petitioner for the said work executed by the petitioner
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.
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, WRD, Nellore Central Division, Nellore
vide Lr.No.AB/A3/NC Court case, dated 23.08.2024. He submitted that the
LOC is not allotted to the above said works, and that soon after the release of
the LOC, the above bill will be submitted for payment 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.9,64,648/- 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:18470 of 2024
Date: 23.09.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.18470 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
