M/s. Sree Mandali Enterprises, v. The State of Andhra Pradesh,
WP/13538/2024 · 2025-02-17
B S Bhanumathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19298 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19298 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010268252024
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the Seventeenth day of February, Two Thousand Twenty Five The Honourable Ms Justice B.S.Bhanumathi Writ P Between: M/s. Sree Mandali Enterprises, Nagayalanka village
and The State of Andhra Pradesh and others Counsel for the petitioner:
1. B. S.N Naidu Counsel for the respondent(
1. G.P for Irrigation and CAD
2. GP for Finance Planning The Court made the following Order:
This writ petition is filed appropriate writ or direction declaring the action of the withholding the payment of payable to the petitioner in relation to the execution of works i 1) Rs.3,74,416/- in respect of the work and Desilting on South Channel Direct from Km 17 its branches under Division South Section 2024”, vide Agreement No.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday, the Seventeenth day of February, Two Thousand Twenty Five Present The Honourable Ms Justice B.S.Bhanumathi Petition No.13538 of 2024 dali Enterprises, ...Petitioner The State of Andhra Pradesh and others ...Respondents etitioner: espondent(s): Irrigation and CAD lanning The Court made the following Order: This writ petition is filed to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance amount even after finalizing the bill payable to the petitioner in relation to the execution of works i in respect of the work “O & M Removal of Weed Growth and Desilting on South Channel Direct from Km 17.000 to KM 14 its branches under Division South Section, Nagayalanka for the year 2023 .
09/2023-24, 2) an amount of Rs.17,46
[3311]
Two Thousand Twenty Five
to issue a writ of mandamus or any other espondents in balance amount even after finalizing the bill payable to the petitioner in relation to the execution of works i.e., M Removal of Weed Growth KM 14.100 and Nagayalanka for the year 2023- 46,254/ for
2 W.P.No.13538 of 2024
the work O & M Removal of Weed Growth in East Channel direct from KM 6.400 to KM 17.738 and its branches under Divi South Section, Koduru for the year 2023-2024 vide agreement No 11/2023-24, and 3) an amount of Rs.16,48,863/- for the work “O and M-Removal of Weed Growth on Ramarajupalem Channel from KM 9.400 to KM 16.446 and its branches under the Jurisdiction of Bandar Section for the year 2023-2024”, vide agreement No.12/2023-24, totally an amount of Rs.37,69,533/- as illegal, arbitrary and contrary to the principles of natural justice and consequently direct the respondents to consider for payment of amounts to the petitioner in respect of execution of afore mentioned works forthwith and pass such other 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 Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer FAC, Krishna Central Division, Vijayawada letter No.EE/KCDVN/VJA/AB/A2/236M dated
15.02.2025. He submitted that the payment will be cleared as early as the Government release BRO for the above writ petition agreements. 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.37,69,533/- (Rupees thirty seven lakhs, sixty nine thousand, five hundred and thirty three only) to the petitioner, 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. 3 W.P.No.13538 of 2024
There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 17-02-2025 GRL
4 W.P.No.13538 of 2024
238
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:13538 of 2024
Date: 17.02.2025 GRL