IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B. S. BHANUMATHI WRIT PETITION NO: 14488 OF 2024 c 5^ s- 'V ^ V4 Between: P. Satyanarayana, S/o. P. Narasimha Rao, aged about 58 Years Occ’ Business, R/o Pot No.211, Undavalli Enclave, RTO Office back side Chodamella (V), Eiui u (M), West Godavari District. (Presently Eluru District). ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Irrigation CAD and Rural Water Supply Department, Secretariat Buildings, Velagapudi Amaravati. » k . 2. The Chief Engineer, Minor Irrigation Department, Vysya Bhavan Hanumanpeta, Vijayawada, NTR District. 3. The District Collector, Eluru District, Eluru. (Earlier W'est Godavari District). 4. The Superintending Engineer, Irrigation Circle, Eluru, Eluru District (Earlier West Godavari District). 5. The Executive Engineer, Irrigation Division, Eluru, Eluru District (Earlier West Godavari District). 6. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. ...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 to declaring the inaction on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs.7,50,000/- with interest to the petitioner for execution of works even though total works were executed and completed as illegal arbitrary and violation of Article 14 16 and 21 of Constitution of India and consequentially direct the respondents to release and pay the bill amounts worth of Rs.7,50,000/- with interest to the petitioner forthwith. - lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release and pay the bill amounts worth of Rs.7,50,000/- with interest to the petitioner forthwith, pending disposal of the above writ petition. ^ Counsel for the Petitioner : Ms. SAMEERA BOKKA Counsel for the Respondent Nos.1 to 5 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent No.6 : GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010287622024 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,14488 of 2024 Between: P.Satyanarayana and The State of Andhra Pradesh and others Counsel for the petitioner: 1 .Sameera Bokka Counsel for the respondent(s): 1. GP for Irrigation and CAD 2. GP for finance planning Petitioner ....Respondent (s) 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 to declare the inaction the part of the respondents not releasing and pay the bill amounts worth of Rs.7,50,000/- with interest to the petitioner for execution of works though total works were executed and completed as illegal, arbitrary and violation of article 14, 16 and 21 of constitution of India and consequentially direct the respondents to release and pay the bill amounts worth of Rs.7,50,000/- with interest to the petitioner forthwith. on even BSB,J W.P.No.14488 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 Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer, Irrigation Division, Eluru vide letter No.EE/ID/Eluru/DB/JTO/F.Court Case,/779 dated 23.07.2024. He submitted that the administrative approval was not yet accorded (as on the date of the instructions i.e., 23.07.2024) and after obtaining the approvals from the competent authority, the necessary action would be taken in due course and the payment would be made to the petitioner. 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 of Rs.7,50,000/-(Rupees seven lakhs fifty thousand 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. 02. 03. necessary 04. amount 05. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/-VSAVITHR! GOWRI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, and Rural Water Supply Department, State of AP, Secretariat Buildings, Velagapudi, Amaravati. 2. The Chief Engineer, Minor Irrigation Department. Vysya Bhavan, Hanumanpeta, Vijayawada, NTR District. 3. The District Collector, Eluru District, Eluru. (Earlier West godavari District). 4. The Superintending Engineer, Irrigation Circle, Eluru, Eluru District (Earlier West Godavari District). 5. The Executive Engineer, Irrigation Division, Eluru, Eluru District (Earlier West Godavari District). 6. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 7. One CC to Ms. Sameera Bokka, Advocate [OPUC] 8. Two CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance &b Planning, High Court of Andhra Pradesh. [OUT] 10.Three C.D. Copies. Cnr HIGH COURT DATED:17/02/2025 ORDER i 01 m 2025 I Current Section . ^ SSSP&TfVA'^t^^ WP.No.14488 of 2024 v\ ALLOWING THE W.P. WITHOUT COSTS