APHC010329762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 16747/2024 Between: Kethi Krishna Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MALIREDDY GOWTHAM Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following Order: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: “…may be pleased to issue a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not releasing the amount of Rs.7,52,250/- for the work executed by the petitioner pursuant to the W.P.No.16747 of 2024 Dt:10.02.2025 2 agreement bearing No.38 O and M/DN/2021-22, dated 28.07.2021 for Repairs of damaged masonry walls to Old Gudapalli Channel at Km 1.700 in Buchhireddypalem Village and Mandal of SPSR Nellore District as illegal, irregular, irrational and violation of Article 14 19(1)(g) and 21 of the Constitution of India and Consequently direct the Respondents to pay the of Rs.7,52,250/- along with interest for the delaying the payment to the petitioner for the said work executed by the petitioner and pass such…” 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, Central Division, Nellore, issued vide letter No.AB/A3/NC Court case, dated 23.08.2024. He further submitted that the LOC is not allotted to the works stated in the writ petition, after the release of the LOC, payment would be made to the petitioner. 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.7,52,250/- (Seven Lakh Fifty Two Thousand Two Hundred Fifty Rupees 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 W.P.No.16747 of 2024 Dt:10.02.2025 3 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: 10.02.2025 SCH W.P.No.16747 of 2024 Dt:10.02.2025 4 94 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO:16747/2024 Date: 10.02.2025 SCH