Andhra Pradesh High Court - Amravati
M/S R R Edifice Private Limited, vs The State Of Andhra Pradesh, on 23 September, 2024
APHC010330252024
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: 16777/2024
Between:
1. M/S R.R.EDIFICE PRIVATE LIMITED, FLAT NO.301, NAVYA SRI
RESIDENCY, GANESH NAGAR, VANASTHALIPURAM, HYDERABAD,
REP. BY ITS AUTHORIZED SIGNATORY, CHERUKU SUDHAKAR,
S/O C. NARASIMHULU NAIDU
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, IRRIGATION AND CAD DEPARTMENT, (WATER
RESOURCES DEPARTMENT) A.P. SECRETARIAT, VELAGAPUDI,
AMARAVATI, GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF
SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT,
VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
3. THE SUPERINTENDING ENGINEER, WATER RESOURCES
DEPARTMENT, AVR HNSS CIRCLE NO.2, HLC COLONY,
ANANTHAPURAMU, ANANTHAPURAMU DISTRICT
4. THE EXECUTIVE ENGINEER, AVR HNSS DIVISION NO.7,
ANANTHAPURAM, ANANTHAPUR DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. M SIVA KUMAR
2
BSB,J
W.P.No.16777 of 2024
Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
2. GP FOR FINANCE PLANNING
The Court made the following:
ORDER:
This writ petition is filed seeking the following relief:
"...to issue an appropriate writ, order or direction preferably a
writ in the nature of Mandamus declaring the action of the
respondents in not paying the admitted amount of
Rs.4,25,24,583.73/- due to the petitioner for the work done by
the petitioner under Agreement No.13/2022-23, dated
19.11.2022 and subsequent Supplemental Agreements
entered by the 3rd respondent with the petitioner even after a
lapse of more than 1 year as illegal, arbitrary, unfair, unjust and
violative of Article 14 of the Constitution of India and
consequently direct the respondents to pay the admitted
amount of Rs.4,25,24,583.73/- due to the petitioner 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, on counter, submitted that the bill is
uploaded in the CFMS vide CFMS Bill No.2024-1176172, dated 08.08.2024,
duly deducting departmental statutory deductions, including maintenance cost
and other deductions as per the agreement conditions, and payment will be
made as per norms and prayed to pass an appropriate orders.
BSB,J
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.4,25,24,583.73/- 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 three (03) 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:16777 of 2024
Date: 23.09.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.16777 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
