APHC010261632024 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: 12973/2024 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 IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 2 W.P.No.12973 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 by declaring the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.33,89,563/-, 1)Rs.10,41,328/-, vide its Agreement No.37/2023-24, for which the name of work was "O&M to removal of weed growth in Lingannacodu, Pitlalanka and Koduru drain basins infall into krishna river (in weed free condition) for the year 2023-24", 2) Rs.6,08,425/-, vide its Agreement No.34/2023- 24, for which the name of work was "O&M to Desilting of Minor drains infalling into Chillalavagu drainage basin in Challapalli Mandal Krishna district for 2023-24", 3)Rs.9,96,324/-, vide its Agreement No.36/2023-24, for which the name of work was "O&M to removal of weed growth in Chillalavagu medium drain and its minor drains for the year 2023-24", 4)Rs.7,43,486/-, vide its Agreement No. 44/2023-24, for which the name of work was "O&M such as Desilting of Merakanapalli side drain and its infalling drains in pedakallepalli (V) of Mopidevi (M) for the year 2023-24", for which the total amount was Rs.33,89,563/-, 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.33,89,563/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass…” 3 W.P.No.12973 of 2024 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/Court Cases/447M, dated 26.06.2024. He further submitted that the bills are pending for clearance of Q.C. 04. It is pertinent to mention that the petitioner claimed Rs.33,89,563/-, whereas in the written instructions the bill amount payable to the petitioner is shown as Rs.32,89,563/-. As such, in view of the claim made by the petitioner, the Order is limited to the amount furnished by the respondents. But this Order does not disentitle the petitioner for higher amount, if he is so entitled. 05. 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.32,89,563/- (Thirty Two Lakh Eighty Nine Thousand Five Hundred Sixty Three Rupees only) to the petitioner with 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. There shall be no order as to costs. 4 W.P.No.12973 of 2024 06. 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.12973 of 2024 60 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 12973/2024 Date: 27.01.2025 NSM