Andhra Pradesh High Court - Amravati
A.V. Mohan Reddy, vs The State Of Andhra Pradesh, on 23 September, 2024
APHC010322712024
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: 16359/2024
Between:
1. A.V. MOHAN REDDY, S/O VEMULA REDDY, AGED ABOUT 60
YEARS, RESIDING AT FLAT NO. 108, SHANTI APARTMENTS,
BHAGYANAGAR COLONY, CHINNACHOWK, KADAPA, Y.S.R
KADAPA DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, IRRIGATION, WATER RESOURCES DEPARTMENT
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR
DISTRICT.
2. THE EXECUTIVE ENGINEER, WATER RESOURCE DEPARTMENT,
K.C. CANAL DIVISION, NANDYAL. KURNOOL DISTRICT.
3. THE DEPUTY EXECUTIVE ENGINEER, SRBC QCANDI SUB
DIVISION NO.2, KOILAKUNTLA @ NANDYAL, KURNOOL DISTRICT.
4. THE ASSISTANT EXECUTIVE ENGINEER, SRBC QCANDI SUB
DIVISION NO.2, KOILAKUNTLA @ NANDYAL, KURNOOL DISTRICT.
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.16359 of 2024
for the Petitioner:
1. T DIWAKAR REDDY
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 of an amount Rs.18,04,580/- even
after finalizing the bills, payable to the petitioner in relation to
the works i.e., Providing culvert near ch: 6.5 km of Eturu
distributary of KCC System near Gandhi Nagaram(V),
Chapadu(M) vide agreement no.301/2023-24, dt.30.06.2023,
is questioned, as the same is arbitrary, illegal and in violation
of Article 19 (1) (g) of the Constitution of India and
consequently direct the respondents to consider for payment
of bill amount of Rs.18,04,580/- with interest @24% per
annum for the delayed amount to the petitioner in respect of
execution of above-mentioned work 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.D., K.C. Canal Division, Nandyal,
BSB,J
dated 02.08.2024. He submitted that the bill has been uploaded in CFMS vide
bill No.2023-1204972 and has been sent to APAO Nandyal for approval and
payment. Now, the bill is under migration vide bill No.2024-165723 and that
soon after the release of budget from the Finance Department, bill will be paid
to the petitioner and prayed to pass an 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.18,04,580/- 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:16359 of 2024
Date: 23.09.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.16359 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
