Andhra Pradesh High Court - Amravati
M/S. Sree Mandali Enterprises, vs The State Of Andhra Pradesh, on 23 September, 2024
APHC010266482024
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: 13312/2024
Between:
1. M/s. SREE MANDALI ENTERPRISES, REP. BY ITS PARTNER
SANAKA KOTA VENKATA RENUKA RAVI VARA PRASAD, S/o. NAGA
BASAVAIAH, AGED 39 YEARS, OCC CONTRACTOR, R/o.D.NO.1-2,
NAGAYALANKA VILLAGE, NAGAYALANKA MANDAL, KRISHNA
DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF IRRIGATION, CAD WATER
RESOURCES, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT.
2. THE SUPERINTENDENT ENGINEER, IRRIGATION AND WATER
RESOURCES DEPARTMENT, IRRIGATION CIRCLE, VIJAYAWADA,
NTR DISTRICT.
3. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER
RESOURCES DEPARTMENT, KRISHNA EASTERN DIVISION,
VIJAYAWADA, NTR DISTRICT.
4. THE COMMISSIONER, COMMAND DEVELOPMENT AREA (CAD)
WATER RESOURCES DEPARTMENT, GOVT. OF A.P.,
VIJAYAWADA, KRISHNA DISTRICT.
5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, FINANCE DEPARTMENT, SECRETARIAT,
AMARAVATHI, GUNTUR DISTRICT.
...RESPONDENT(S):
2
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W.P.No.13312 of 2024
Counsel for the Petitioner:
1. B.S.N.Naidu
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 of mandamus or any other appropriate
writ or direction declaring the action of the Respondents in
withholding the payment of balance amount even after
finalizing the bill, payable to the petitioner in relation to the
execution of works i.e., (1) Rs.13,74,601/- in respect of the
work "O & M - Removal of Weed by means of Chemical,
Manual and Ploughing on Krishna Eluru Canal from KM
25.700 to KM 35.000 including Channels/Canals for the
year 2023-24, vide Agreement No.04/2023-24 and (2) An
amount of Rs.16,54,248/- for the work "O & M - Removal
of Weed growh in Dosapadu Channel from KM 0.000 to
KM 12.800 and its Branch Channels & its allied works in
Ventrapragada Section for the year 2023-2024" vide
Agreement No.37/2023-24 totally an amount of
Rs.30,28,849/- as illegal arbitrary and contrary to the
Principles of natural justice and consequently direct the
respondents to consider for payment of amounts to the
petitioner in respect of execution of afore mentioned works
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
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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, K.E.Division, Vijayawada vide Letter
No.EE/KE/VJA/AB/A3/817M dated 16.08.2024. He submitted that bill was not
uploaded due to lack of LOC, and that soon after the release of LOC, payment
will be made to the petitioner and prayed to pass 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.30,28,849/- 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
BSK
BSB,J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:13312 of 2024
Date: 23.09.2024
BSK
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.13312 of 2024
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
03. 23.09.2024 BSB, J
The Writ Petition is allowed.
(vide separate order)
_________________
B.S.BHANUMATHI,J
BSK
