Sri. Kethi Krishna Reddy, v. State of Andhra Pradesh
WP/16684/2024 · 2025-02-10
B S Bhanumathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23383 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23383 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010329852024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Tenth day of February, 2025 Present The Honourable Ms Justice B.S. Bhanumathi Writ Petition No: 16684/2024 Between: Sri. Kethi Krishna Reddy, ...Petitioner AND 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:
2 W.P. No.16684 of 2024
Order:
This writ petition is filed seeking the following relief:
“…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.7,48,329/- for the work executed by the petitioner pursuant to the agreement bearing No.39 O and M/DN/2021-22, dated 28.07.2021 for Repairs of damaged masonry walls to Old Gudapalli Channel at Km 2,000 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 amount of Rs.7,48,329/- along with interest for the delaying the payment to the petitioner for the said work executed by the petitioner and pass…”
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, W.R.D, Nellore Central Division, Nellore, issued vide Lr.No.AB/A3/NC Court case, dated 01.08.2024 and submitted that LOC had not been allotted and soon after the release of the LOC, the bill would be paid 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.7,48,329/- (Seven Lakh Forty Eight Thousand Three Hundred Twenty Nine Rupees only) to the petitioner, along with the interest as per the entitlement
3 W.P. No.16684 of 2024
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. There shall be no order as to costs. 06. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 10.02.2025 SCH
4 W.P. No.16684 of 2024
186 HON’BLE Ms. JUSTICE B.S.BHANUMATHI
WRIT PETITION NO: 16684/2024
Date: 10.02.2025 SCH