Andhra Pradesh High Court - Amravati
Jmc Constructions Pvt Ltd vs The State Of Andhra Pradesh on 23 September, 2024
APHC010338142024
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: 17452/2024
Between:
1. JMC CONSTRUCTIONS PVT LTD, REP. BY ITS AUTHORISED
SIGNATORY S.KAMAL BASHA S/O S.AIII, AGE 52 YEARS, OCC
CONTRACTOR, R/O H.NO.27-972/1, TELECOM COLONY,
CHITTOOR, CHITTOOR DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL
SECRETARY, IRRIGATION AND C.A.D. DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.
2. THE DISTRICT COLLECTOR, (IRRIGATION CIRCLE) CHITTOOR
DISTRICT AT CHITTOOR.
3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE,
CHITTOOR DISTRICT AT CHITTOOR.
4. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, CHITTOOR,
CHITTOOR DISTRICT.
5. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL
SECRETARY, FINANCE AND PLANNING DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.
...RESPONDENT(S):
2
BSB,J
W.P.No.17452 of 2024
Counsel for the Petitioner:
1. K V L NARASIMHA RAO
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 an appropriate writ, order or direction more
particularly one in the nature of Writ of Mandamus declaring the
action of the respondents in non-payment of Rs.18,98,918/-
under M.Book No.1244-A, for the works executed by the
petitioner for improvements to the supply channel (protection
wall) from anicut to feed Tenepalli cheruvu near Petamitta
village in Puthalapattu Mandal of Chittoor District, as illegal,
arbitrary, violation of principles of natural justice, contrary to the
rules and regulations contemplated there under and
consequently direct the respondents to pay an amount of
Rs.18,98,918/- to the petitioner due under M.Book No.1244-A
including quality control holding amounts along with interest
from the date of completion of work till the realisation, 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
BSB,J
received from the Executive Engineer, W.R. Department, Irrigation Division,
Chittoor vide Lr.No.EE/ID/CTR/WP/313M, dated 17.08.2024. He submitted
that LS-II & final bill are to be submitted and that soon after the release of the
same, the payment will be made to the petitioner and prayed to pass an
appropriate order.
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.18,98,918/- 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:17452 of 2024
Date: 23.09.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.17452 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
