Andhra Pradesh High Court - Amravati
Polavarapu Subramaneswara Rao vs The State Of Ap on 23 September, 2024
APHC010370442024
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: 18969/2024
Between:
1. POLAVARAPU SUBRAMANESWARA RAO, S/O. ANJANEYULU,
AGED 72 YEARS, R/O. D.No.8/318-B, RAJENDRA NAGAR, 6TH LINE,
GUDIVADA, KRISHNA DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,
SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION AND
WATER RESOURCES SECRETARIAT, VELAGAPUDI, GUNTUR
DISTRICT.
3. THE COMMISSIONER, CADA AND SECRETARY TO GOVERNMENT,
VIJAYAWADA, KRISHNA DISTRICT.
4. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE,
KRISHNA DISTRICT.
5. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIVADA,
KRISHNA DISTRICT.
6. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS,
D.NO.29-2-52, MANASA COMPLEX, RAMA MANDIRAM STREET
GOVERNORPET, VIJAYAWADA, KRISHNA DISTRICT
...RESPONDENT(S)
2
BSB,J
W.P.No.18969 of 2024
Counsel for the Petitioner:
1. Ramesh Babu Talluri
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 order, writ or direction more particularly one in
the nature of Writ of Mandamus declaring the action of the
respondents in not releasing the final bill amount of
Rs.11,89,063/- to the petitioner along with interest for the
work executed in pursuance of the agreement entered into
with the 5th respondent vide Agreement No.55/2023-24
dated 22.09.2023, as illegal, arbitrary, violation of principles
of natural justice and Unconstitutional and consequently
direct the respondents to release undisputed final bill
amount Rs.11,89,063/- to the petitioner along with interest
for the work executed in pursuance of the agreement
entered into with the 5th respondent vide Agreement
No.55/2023-24 dated 22.09.2023, and to 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, Drainage Division, Gudivada vide
Letter No.EE/DRG/GDV/AB/A4/Court Cases/736M, dated 10.09.2024. He
BSB,J
submitted that the agreement was concluded for the subject works for an
amount of Rs.11,89,063/- and the agreement period is valid upto 31.05.2024.
The bill for the work done has to be prepared and necessary quality control
certificate has to be obtained 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.11,89,063/- 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/DSV
BSB,J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:18969 of 2024
Date: 23.09.2024
BSK/DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.18969 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
