Andhra Pradesh High Court - Amravati
Borra Subba Rao vs The State Of Andhra Pradesh on 23 September, 2024
1
BSB,J
W.P.No.13593 of 2024
APHC010270242024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY ,THE FIFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 13593/2024
Between:
1. BORRA SUBBA RAO, S/O B.RAMAARJUNA RAO OCC
CONTRACTER, R/O. 2-129, BALAJI NAGAR, LOCKDOWN KURADA,
GUDLAVALLERU MANDAL, KRISHNA DISTRICT,
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT
DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT.
2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND
PLANNING SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT.
3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM
CITY, COLLECTOR OFFICE, KRISHNA DISTRICT.
4. THE COMMISSIONER, COMMAND AREA DEVELOPMENT
AUTHORITY, VIJAYAWADA.
5. THE EXECUTIVE ENGINEER, KRISHNA EASTERN DIVISION
VIJAYAWADA.
6. THE PAY AND ACCOUNT OFFICER, THIRD FLOOR, RAMA MANDIR
STREET ARUNDALPET, GOVERNOR PET, VIJAYAWADA.
...RESPONDENT(S):
2
BSB,J
W.P.No.13593 of 2024
Counsel for the Petitioner:
1. VIJAYA KUMAR NAIDANA
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 or any other appropriate
writ or direction declaring the action of the Respondents in
withholding the payment an amount of 1) Rs.17,11,270/- 2)
Rs.8,10,696/- even after finalizing the bills payable to the
petitioner in relation to the work i.e., "O & M such as
Annual Weed free Maintenance of Bantumilli Main canal
from KM 66.660 to KM 80.400 for the year 2023-2024.,
vide agreement No.31/2023-24 Dated:13-07-2023," and "O
& M such as Annual weed free maintenance on Butlercodu
channel, Mamilla codu channel and its branches of
Gudlavalleru Section for the year 2023-24, vide agreement
No.34/2023-24, Dated:14-07-2023," as the same is illegal,
arbitrary and consequently direct the respondents to
consider for payments of 1) Rs.18,27,414/- 2)
Rs.11,19,998/- with interest 12% per annum for the
delayed amount to the petitioner in respect of execution of
abovementioned work forthwith and pass..."
BSB,J
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, Krishna Eastern Division, Vijayawada
vide Letter No.EE/KE/VJA/AB/A3/756, dated 26.07.2024. He submitted that
bills were not uploaded in the CFMS 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 amounts of Rs.18,27,414/-
and Rs.11,19,998/- respectively 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: 05.08.2024
DSV
BSB,J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:13593 of 2024
Date: 05.08.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.13593 of 2024
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
05.08.2024 BSB, J
The Writ Petition is allowed.
(vide separate order)
_________________
B.S.BHANUMATHI,J
DSV
BSB,J
