Andhra Pradesh High Court - Amravati
Pasupuleti Sambasiva Rao vs The State Of Andhra Pradesh on 23 September, 2024
APHC010369942024
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: 18750/2024
Between:
1. PASUPULETI SAMBASIVA RAO, S/o PASUPULETI JAGANNADHAM
AGE 58 YEARS, OCC CONTRACTOR, R/o.1-15, CHEJARLA, OPP
ELEMENTARY SCHOOL, NAKARIKALLU MANDAL, CHEJARLA,
PALNADU DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY, WATER RESOURCE DEPARTMENT, SECRETARIAT
BUILDINGS, AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR
DISTRICT
3. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT,
NSJC MONITORING DIVISION, LINGAMGUNTLA, PALNADU
DISTRICT.
4. THE DIRECTOR, PAY AND ACCOUNTS, FINANCE DEPARTMENT,
ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA
DISTRICT.
5. PAY AND ACCOUNT OFFICER (PAO), WORKS AND ACCOUNTS,
VIJAYAWADA, KRISHNA DISTRICT.
...RESPONDENT(S):
2
BSB,J
W.P.No.18750 of 2024
Counsel for the Petitioner:
1. Gouthami Surapareddy
Counsel for the Respondent(s):
1. GP for Irrigation and CAD
2. GP for Finance Planning
The Court made the following:
ORDER:
This writ petition is filed seeking the following relief:
"...to issue a writ, order or direction more particularly one
in the nature of a Writ of Mandamus or any other
appropriate Writ, Direction or Order questioning the action
of the respondents in not paying admitted bills an amount
of Rs.35,62,288/- to the petitioner towards the work
"Essential repairs to UTs i.e., Excavation of silt at Approach
and Tail Race Channels of catch water drains at Km
90.415 and Surplus Escape at Km 84.742 & at Km 94.448
on Nagaijuna Sagar Jawahar Canal under the agreement
23-EE/2022-23, dated 26.11.2022 even after finalizing the
Bill, as illegal and arbitrary and violative of articles 14, 16
and 21 of constitution of India and consequentially direct
the respondents to pay above said bills to petitioner herein
forthwith 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, NSJC Monitoring Division,
Lingamguntla vide Letter No.EE/MTG/LGT/AB/303M dated 31.08.2024. He
submitted that bill was not uploaded 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 amount of Rs.35,62,288/- 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
BSK
BSB,J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:18750 of 2024
Date: 23.09.2024
BSK
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.18750 of 2024
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
01. 23.09.2024 BSB, J
The Writ Petition is allowed.
(vide separate order)
_________________
B.S.BHANUMATHI,J
BSK
