IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE X PRESENT HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 14459 OF 2024 Between: Girijala Rama Krishna, S/o. Rama Rao, aged about 40 Years, Occ: Contractor, R/o. Koyyalagudem (M), West Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation CAD and Rural Water Supply Department, Secretariat Buildings, Velagapudi, Amaravati. 2. The Engineer-In-Chief, Minor and Major Irrigation Projects Department, Irrigation Bhavan, Government of A.P., NTR District. 3. The District Collector, Eluru District, Eluru. (Earlier West Godavari District). 4. The Chief Engineer, Godavari Delta System, Dowlaiswaram, East Godavari District. 5. The Superintending Engineer, Irrigation Circle, Eluru, Eluru District (Earlier West Godavari District). 6. The Executive Engineer, Irrigation Division, Eluru, Eluru District (Earlier West Godavari District). 7. 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 action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs.50,76,000/- with interest to the petitioner for execution of various works Ifven though total works were executed and completed by the petitioner as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequentially to direct the respondents to release and pay the 50^J6r000/- with interest to the petitioner forthwith. bill amounts worth of Rs. 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 to release and pay the bill amounts worth of Rs.50,76,000/-with interest to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. SAMEERA BOKKA Counsel for the Respondent Nos.1 to 6: GP FOR IRRIGATION & CAD Counsel for the Respondent No.7: GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010287722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311] (Special Original Jurisdiction) Monday, the Seventeenth day of February, Two thousand twenty five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No.14459/2024 Between: Girijala Rama Krishna ...Petitioner AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioner: I.Sameera Bokka 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 seeking the following relief: “...to issue a writ order or direction more particularly one in the nature of writ of mandamus to declaring the action on the part of the respondents herein not releasing and pay the bill amounts worth of Rs.50,76,000/- with interest to the petitioner for execution of various works even though total works were executed and completed by the petitioner as illegal, arbitrary and violation of 2 W.P.No.14459 of 2024 Article 14, 16 and 21 of Constitution of India and consequentially to direct the respondents to release and pay the bill amounts worth of Rs.50,76,000/ with interest to the petitioner forthwith and to pass....” 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. 02. 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, Irrigation Division, Eluru vide Letter No.EE/ID/Eluru/DB/JTO/F.Court Case/781 dated 23.07.2024. He submitted that the administrative approval was not accorded (as on the date of the instructions) i.e., 23.07.2024) and after obtaining the necessary approvals from the competent authority, the necessary action would be taken in due course and the payment would be made to the petitioner. 03. 04. 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.50,76,000/-(Rupees fifty lakhs seventy six 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. 05. 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. 3 W.P.No.14459 of 2024 There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// S To, 1. The Principal Secretary, Irrigation CAD and Rural Water Supply Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati. 2. The Engineer-In-Chief, Minor and Major Irrigation Projects Department, Irrigation Bhavan, Government of A.P., NTR District. 3. The District Collector, Eluru District, Eluru. (Earlier West Godavari District). 4. The Chief Engineer, Godavari Delta System, Dowlaiswaram,East Godavari District. 5. The Superintending Engineer, Irrigation Circle, Eluru, Eluru District (Earlier West Godavari District). 6. The Executive Engineer, Irrigation Division, Eluru, Eluru District (Earlier West Godavari District). 7. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings,Velagapudi, Amaravati, Guntur District. 8. One CC to M/s. Sameera Bokka, Advocate [OPUC] 9. Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] 10. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 11. Three CD Copies. ssb HIGH COURT DATED:17/02/2025 ORDER g 01 APR 2I?5 I ^ . Current Section .^ WP.No.14459 of 2024 ALLOWING THE W.P. WITHOUT COSTS