Andhra Pradesh High Court - Amravati
Sundeep Ravindra Engineers And ... vs The State Of Andhra Pradesh on 23 September, 2024
APHC010356292024
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: 18203/2024
Between:
1. M/s SUNDEEP RAVINDRA ENGINEERS & CONTRACTORS, PLOT
NO.16, SRI KRISHNA NAGAR, DCCB COLONY EXTENSION,
SRIKAKULAM, REP.BY ITS MANAGING PARTNER K.RAVINDRA
REDDY.
2. K.RAVINDRA REDDY, AGED 55 YEARS, OCC: CONTRACTOR, R/O.
PLOT NO.16, SRI KRISHNA NAGAR, DCCB COLONY EXTENSION,
SRIKAKULAM.
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY WATER RESOURCE DEPARTMENT SECRETARIAT,
VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR
DISTRICT.
2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY FINANCE DEPARTMENT, SECRETARIAT,
VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR
DISTRICT.
3. THE ENGINEER IN CHIEF (IRRIGATION), IRRIGATION CIRCLE,
VIJAYAWADA.
4. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE,
DOWLAISWARAM, EAST GODAVARI DISTRICT.
2
BSB,J
W.P.No.18203 of 2024
5. THE EXECUTIVE ENGINEER, GODAVARI HEAD WORKS DIVISION,
DOWLAISWARAM, EAST GODAVARI DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner(s):
1. K.Narsi Reddy
Counsel for the Respondent(s):
1. GP for Irrigation and CAD
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 or any other
appropriate writ or direction declaring the action of the
respondents in not releasing the payments for the works
i.e., Construction of Fish landing centre at Anthervedi
Pallipalem (V) of Sakhinetipalli (M) in East Godavari District
for an amount of Rs.2,53,92,253/- towards Eighth and Final
Bill as illegal, arbitrary and violative of Articles 14 and 21
of Constitution of India and consequently direct the
respondent authorities to release Rs.2,53,92,253/- towards
Eighth and Final Bill forthwith for the above said works
executed by the petitioner and pass...."
2. It is the contention of the petitioners that even though the respondents
admitted that the petitioners are entitled to the aforesaid amount, no payment
is made. The petitioners contended 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 petitioners, placed on record instructions
received from the Executive Engineer, Godavari Head Works Division,
Dowlaiswaram vide R.C.Lr.No.A3/Works Bills/Court Cases/2024/903m dated
21.09.2024. He submitted that the bill is waiting for fund clearance, and that
soon after the release of fund, payment will be made to the petitioners and
prayed to pass appropriate orders.
4. In view of the submissions of the learned counsel for the petitioners and
the learned Government Pleader for Irrigation, this Writ Petition is allowed
with a direction to the respondents to release the amount of Rs.2,53,92,253/-
to the petitioners, 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 three (03) months
from the date of receipt of a copy of this order.
5. It is open to the petitioners 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
BSK
BSB,J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:18203 of 2024
Date: 23.09.2024
BSK
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.18203 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
BSK
