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2025 DAILYLAW 24896 (AP)

Kilarapu Srinivasa Rao v. The State of Andhra Pradesh,

WP/18227/2023 · 2025-01-27

B S Bhanumathi

body2025

Judgment text

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APHC010352102023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 18227/2023 Between: Kilarapu Srinivasa Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 2 W.P.No.18227 of 2023 ORDER: This writ petition is filed seeking the following relief: “…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.30,73,904/- for Agreement No.55/2021-22, dated 25.06.2021, with interest of execution and completion of Irrigation works under Irrigation Department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bill of total amount worth of Rs.30,73,904/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to 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(FAC), Drainage Division, Gudivada, issued vide letter No.EE/DRG/ GDV/AB/A4/Court Cases/119M, dated 27.01.2025. He further submitted that bill for Rs.31,98,272/- is not uploaded in CFMS, as the same is pending for release of LOC. 3 W.P.No.18227 of 2023 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.30,73,904/- (Thirty Lakh Seventy Three Thousand Nine Hundred Four Rupees only) to the petitioner, 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. 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: 27.01.2025 NSM 4 W.P.No.18227 of 2023 76 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 18227/2023 Date: 27.01.2025 NSM