APHC010261652024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 12964/2024 Between: Sree Mandali Enterprises Partner ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING The Court made the following: 2 W.P.No.12964 of 2024 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.35,05,154/-, 1) Rs.8,85,539/-, vide its Agreement No.29/2023-24, for which the name of work was "O&M to Removal of weed growth inpedaoutapalli medium drain and its infalling minor drains for the year 2023- 2024", 2) Rs.4,48,412/-, vide its Agreement No. 39/2023-24, for which the name of work was "O&M to removal of weed growth in New Kammanamolu Medium drain and its infalling Minor drains in Nagayalanka Mandal for the year 2023-24", 3) Rs.4,00,167/-, vide its Agreement No.43/2023-24, for which the name of work was "O&M to Removal of weed growth in Uppukaluva Medium drain in Nagayalanka Mandal for the year 2023-2024", 4) Rs.2,78,307/-, vide its Agreement No. 41/2023-24, for which the name of work was "O&M to removal of Weed growth in Mekalakaluva Medium drain and its Minor drains and Sea infalling Minor drains in Nagayalanka Mandal for the year 2023-24", 5) Rs.3,09,626/-, vide its Agreement No.32/2023-24, for which the name of work was "O&M to removal of Weed growth in Mangaleru Medium drain and its Minor drains in Nagayalanka Mandal for the year 2023-24", 6) Rs.4,69,059/-, vide its Agreement No.35/2023-24, for which the name of work was "O&M to removal of Weed growth in Veeranna alugu Medium drain and Minor drains infalling into Ratna Codu Major drain in Avanigadda Mandal for the 2023- 3 W.P.No.12964 of 2024 24" 7) Rs.2,38,257/-, vide its Agreement No. 40/2023-24, for which the name of work was "O&M to removal of Weed growth in Minor drains infalling into Uppukaluva Medium drain from Km 7.50 to 14.200 in Nagayalanka Mandal for the year 2023-24" 8) Rs.4,75,787/-, vide its Agreement No. 33/2023- 24, for which the name of work was "O&M to removal of Weed growth in Minor drains infalling into Uppukaluva Medium drain from Km 0.00 to 7.50 in Nagayalanka Mandal for the year 2023-24", for which the total amount was Rs. 35,05,154/-, for the 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 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.35,05,154/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass…” 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, the learned Assistant 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/ 4 W.P.No.12964 of 2024 Court Cases/123M, dated 22.01.2025. He further submitted that the bills are pending for release of LOC. 04. In view of the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation, this Writ Petition is allowed with a direction to the respondents to release the amount of Rs.35,05,154/- (Thirty Five Lakh Five Thousand One Hundred Fifty Four Rupees only) to the petitioner, 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. There shall be no order as to costs. 05. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 27.01.2025 NSM 5 W.P.No.12964 of 2024 63 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 12964/2024 Date: 27.01.2025 NSM