APHC010180972024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the Seventeenth day of February, 2025 The Honourable Writ Petition Between: K Krishna Prasad The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following Order: This writ petition is filed seeking the following relief: “...to issue an appropriate particularly one in the nature of inaction on part of the respondents herein not releasing bill amount worth of Rs vide agreement No Rs.4,75,809/- vide its 3.Amount of Rs.9,89 Dt.05.09.2023; 4.Amount Rs 67/2023-24 Dt.05.09. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) onday, the Seventeenth day of February, 2025 PRESENT onourable Ms.Justice B.S.Bhanumathi rit Petition No. 9065/2024 ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): GP FOR FINANCE PLANNING GP FOR IRRIGATION COMM AREA DEV 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.39,56,750/- 1. Amount of Rs.18,25,039/ greement No.64/2023-24 Dt.05.09.2023; 2. Amount vide its agreement No.65/2023-24 Dt.05.09.2023 89,855/- vide agreement No.66/2023 Amount Rs.1,82,691/- vide its agreement No .2023 5.Amount of Rs.4,83,356/- [3311] ...PETITIONER ...RESPONDENT(S) rder or direction more andamus declare the the final 039/- Amount 2023; 66/2023-24 greement No. vide 2 BSB,J W.P.No.9065 of 2024 agreement No.63/2023-24 Dt.05.09.2023 with interest of execution and completion of O & M 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 Article 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.39,56,750/- for execution of completion of O & M works under Irrigation Department as per agreement to the petitioner forthwith and to pass such order or orders...” 02. 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. 03. 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, Godavari Eastern Division, Ramachandrapuram vide Letter No.EE/GE.Divn./RCPM/CB/IC2/142M; dated 15.02.2025. He submitted that the contractor had not come forward to sign in the M.Book & Bill for Rs.4,83,356/- and that the bills for rest of the amount of Rs.34,73,394/- were pending for want of QC certificate and the payment would be arranged soon after release of LOC. 04. 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.39,56,750/-(Rupees thirty nine lakhs fifty six thousand seven hundred and fifty only) 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 3 BSB,J W.P.No.9065 of 2024 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. However, if the petitioner is entitled to any higher amount, the same shall also be paid as per the entitlement. 05. 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. 06. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 17.02.2025 GRL 4 BSB,J W.P.No.9065 of 2024 229 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:9065 of 2024 Date: 17.02.2025 GRL