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2025 DAILYLAW 15576 (AP)

DHARMARAJULA SATYANARAYANA v. THE STATE OF ANDHRA PRADESH

WP/10116/2024 · 2025-02-17

B S Bhanumathi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY O TWO THOUSAND AND TWENTY FIVE Ti lls: o/f PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATH WRIT PETITION NO: 10116 OF 2024 Between: Dharmarajula Satyanarayana, S/o.Naga Bhushanam, Contractor, R/o.7- 169, Main Road, Behind Bharmamgari Temple, Kaikaluru Village, Kaikaluru Mandal, Krishna District. ...PETITIONER AND The State of Andhra Pradesh, rep. by its Principal Secretary, Irrigation and Water Resources Department, Secretariat, Amaravathi, Guntur District. The Engineer-in-Chief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District. The Superintendent of Engineer, Irrigation Circle, Guntur, Guntur District. The Executive Engineer, Irrigation & Water Resources Department, Drainage Division, Gudivada, Krishna District. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Amaravathi, Guntur District. 1. 2. 3. 4. 5. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents herein in not paying the admitted bill amount of Rs. 14,66,562/- for the work executed by me in terms of Agreement No.44/2022-23 dated 24-06-2022 even after finalizing the bill payable to me as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release and pay the admitted bill amount of Rs. 14,16,562/- for the work executed me in terms of Agreement No.44/2022-23 dated 24-06-2022 along with interest @24% annum. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein forthwith to release and pay the admitted bill amount of Rs. 14,16,562/- for the work executed me in terms of Agreement No.44/2022-23 dated 24-06-2022 along with interest @24% per annum, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI P. L. NARASIMHA RAO Counsel for the Respondent Nos.1 to 4: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.5: GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010200042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Seventeenth day of February, Two Thousand Twenty Five Present The Honourable Ms Justice B.S.Bhanumathi Writ Petition No.10116 of 2024 Between: Dharmarajula Satyanarayana and The State of Andhra Pradesh and others Counsel for the petitioner: I.P.L.Narasimharao 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 to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents herein in not paying the admitted bill amount of Rs. 14,66,562/- for the work executed by the petitioner in terms of agreement No.44/2022-23 dated 24.06.2022 even after finalizing the bill payable to the petitioner as illegal, arbitrary, unreasonable and violative of articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release and pay the admitted bill amount of Rs. 14,16,562/- for the work executed by the petitioner in terms of agreement No.44/2022-23 dated 24.06.2022 along with interest 24% per annum. ...Petitioner ...Respondents 2 W.P.No.10116 of 2024 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. 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,(FAC) Drainage Division, Gudivada vide Letter No.EE/DRG/GDV/AB/A4/Court Cases/429M: dated 19.06.2024. He submitted that the bill is not uploaded in CFMS due to lack of LOG. 02. 03. 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.14,66,562/- (Rupees fourteen lakh sixty six thousand five hundred and sixty two 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 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. 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. 04. 05. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Irrigation and Water Resources Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. 2. The Engineer-in-Chief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District. 3. The Superintendent of Engineer, Irrigation Circle, Guntur, Guntur The Executive Engineer, Irrigation & Water Resources Department, Drainage Division, Gudivada, Krishna District. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur District. One CC to Sri P. L. Narasimha Rao, Advocate [OPUC] Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] Three CD Copies. 4. 5. 6. 7. 8. 9. ssb f HIGH COURT DATED:17/02/2025 ORDER WP.No.10116of 2024 ^^’SfaSo^ X 2 7 MAR 2025 ^ . Current Section a ALLOWING THE W.P. WITHOUT COSTS