Andhra Pradesh High Court - Amravati
E. Siva Varma, vs The State Of Andhra Pradesh, on 23 September, 2024
APHC010348022024
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: 17737/2024
Between:
1. E. SIVA VARMA,, S/O. KRISHNAM RAJU AGED ABOUT 47 YEARS,
OCC CONTRACTOR, R/O. 21-10/2-163, NEAR MUNICIPAL SCHOOL,
VIJAYADURGA NAGAR, VIJAYAWADA, N.T.R. DISTRICT
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER
RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P.
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR IRRIGATION WING, N.T.R. DISTRICT
AT VIJAYAWADA.
3. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION
DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION
BHAVAN, VIJAYAWADA, N.T.R. DISTRICT.
4. THE SUPERINTENDING ENGINEER, SUPERINTENDING ENGINEER
IRRIGATION AND WATER RESOURCES DEPARTMENT,
IRRIGATION CIRCLE OFFICE, VIJAYAWADA, N.T.R. DISTRICT.
5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT,
SPECIAL DIVISION , VIJAYAWADA, N.T.R. DISTRICT.
6. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY
(CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF
2
BSB,J
W.P.No.17737 of 2024
ANDHRA PRADESH, VIJAYAWADA, N.T.R. DISTRICT.
7. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL
SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS,
VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. PAMARTHI KAMESWARA RAO
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 more
particularly one in the nature of Writ of Mandamus declare the
inaction on part of the respondents herein not releasing the final
bill amount worth of Rs.5,04,159/- Agreement No.06/2023-24,
dated 04.07.2023 and D.R.No. 02/2023-24 dated 25.05.2023
with interest of execution and completion of irrigation works
under Irrigation Department as per agreement, to the petitioner
till today and causing heavy loss with interest even though total
work was completed as per the agreement as illegal, arbitrary
and violative of Articles 14, 16 and 21 of the Constitution of
India and consequentially to direct the respondents releasing
the final bills of total amount worth of Rs.5,04,159/- for
execution of completion of Irrigation works under Irrigation
Department as per agreement to the petitioner forthwith...."
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, Special Division, Vijayawada, dated
17.08.2024. He submitted that the bill is under process at various stages in
the department, and that soon after completion of the process and also after
receipt of LOC, bill will be uploaded for payment 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.5,04,159/- 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:17737 of 2024
Date: 23.09.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.17737 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
