Andhra Pradesh High Court - Amravati
G Penchalaiah vs The State Of Andhra Pradesh on 23 September, 2024
APHC010377152024
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: 19273/2024
Between:
1. G.PENCHALAIAH, S/o. G.NARASIMHULU, AGED ABOUT 36 YEARS,
OCC CONTRACTOR, R/O. RAMALYAM TEMPLE, IRLAPADU,
MARRIPADU, IRLAPADU, NELLORE, ANDHRA PRADESH, PINCODE
524312.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF
SECRETARY, DEPARTMENT OF IRRIGATION (WATER
RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS,
VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR
DISTRICT.
3. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE,
NELLORE, SPSR NELLORE DISTRICT.
4. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ATMAKUR,
SPSR NELLORE DISTRICT.
5. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR,
C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA
DISTRICT.
...RESPONDENT(S):
2
BSB,J
W.P.No.19273 of 2024
Counsel for the Petitioner:
1. Bathala Ramesh
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
not releasing the payment of balance amount of
Rs.7,02,998/- vide M Book No.198/ATM/F/2017-18 &
CFMS No. 2018-1693517, even after finalizing the bills,
payable to the petitioner in relation to the works i.e.,
Construction of Check Dam across Vepamanu vanka near
Iskapalli Village in Marripadu Mandal of SPSR Nellore
District, vide Agreement No.115/2017-18, dated
31.03.2018 is questioned, as the same is illegail, arbitrary
and consequently direct the respondents to consider for
payment of amounts of Rs.7,02,998/- vide M Book
No.198/ATM/F/2017-18 & CFMS No. 2018-1693517 with
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.
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, Irrigation Division, Atmakur vide Letter
No.EE/ID/Atmakur/Neeru-Chettu/Court case, dated 18.09.2024. He submitted
that budget is not released by the government yet, and that soon after the
release of budget, 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.7,02,998/- 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:19273 of 2024
Date: 23.09.2024
BSK
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.19273 of 2024
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
01. 23.09.2024 BSB, J
The Writ Petition is allowed.
(vide separate order)
_________________
B.S.BHANUMATHI,J
BSK
