Andhra Pradesh High Court - Amravati
L. Lokeswara Reddy vs The State Of Andhra Pradesh on 23 September, 2024
APHC010299952024
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: 15246/2024
Between:
1. L. LOKESWARA REDDY, S/O L. NAGARATHNAM REDDY, AGED
ABOUT 55 YEARS, OCC CONTRACTOR, R/O MATHYAMPAIPALLI
VILLAGE 85 POST, THAVANAMAPALLI MANDAL, CHITTOOR
DISTRICT
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT
BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE PROJECT DIRECTOR, ANDHRA PRADESH INTEGRATED
IRRIGATION AND AGRICULTURE TRANSFORMATION (APIIATP)
AND SPECIAL COMMISSIONER, CADA, WATER RESOURCES
DEPARTMENT, VIJAYAWADA
3. EXECUTIVE ENGINEER, (I AND CAD), IRRIGATION DIVISION,
CHITTOOR -517001
4. DEPUTY EXECUTIVE ENGINEER, III SUB DIVISION, CHITTOOR
5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR
DISTRICT.
...RESPONDENT(S):
2
BSB,J
W.P.No.15246 of 2024
Counsel for the Petitioner:
1. SURESH KUMAR REDDY KALAVA
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 withholding the payment of an amount of
Rs.34,00,000/- even after finalizing the bill payable to the
petitioner in relation to the work i.e., Rehabilitation of Avathota
Cheruvu cascade No.08 in Mogarallapalle (V) in Gudipala (M)
in Chittoor District as per the Agreement No.02 EE/EPC/2020-
21, Dt.11.01.2021 is questioned, as the same is illegal,
arbitrary and consequently direct the respondents to consider
for payment of the bill of Rs.34,00,000/- with an interest @ 24%
per annum for the delayed amount to the petitioner in respect of
execution of above- mentioned work 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, W.R. Department, Irrigation Division,
Chittoor vide Lr.No.EE/ID/CTR/WPs/308M, dated 08.08.2024. He submitted
that the bill is to be submitted and that soon after the release of the same, the
BSB,J
payment will be made to the petitioner 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 amount of Rs.34,00,000/- 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:15246 of 2024
Date: 23.09.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.15246 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
