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 PETITIONNO: 18968 OF 2024 Between: Polavarapu Subramamanyeswara Rao, S/o. Anjaneyulu, aged 72 years, R/o. D.N0.8/318-B, Rajendra Nagar, 6th Line, Gudivada, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Finance and Planning, Secretariat Building, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Special Chief Secretary, Department of Irrigation and Water Resources Secretariat Building, Velagapudi, Guntur District. 3. The Commissioner, CADA and Secretary to Government, Vijayawada, Krishna District. 4. The Superintending Engineer, Irrigation Circle,Krishna District. 5. The Executive Engineer, Drainage Division, Gudivada, Krishna District. 6. The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex, Rama Mandiram Street, Governorpet, Vijayawada, Krishna 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 order, writ or direction more particularly one in the nature of Writ of Mandamus for declaring the action of the respondents in not releasing the final bill amount of Rs. 16,89,340/- to the petitioner along with interest for the work executed by him in pursuance of the agreement entered into with the 5th respondent vide Agreement No. 16/2023- 24 dated 19.06.2023 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release undisputed final bill amount of Rs. 16,85,812/- to the petitioner along with interest for the work executed by him under Agreement No. 16/2023-24 dated 19.06.2023. 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 undisputed final bill amount of Rs. 16,89,340/- to the petitioner along with interest for the work executed by him under Agreement No. 16/2023-24 dated 19.06.2023, pending disposal of the writ petition. Counsel for the Petitioner: SRI. RAMESH BABU TALLURI Counsel for the Respondent Nos. 1&6: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 2,4&5: GP FOR IRRIGATION AND CAD The Court made the following order: APHC010370482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the seventeenth day of February, 2025 PRESENT The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No: 18968/2024 Between: Polavarapu Subramamanyeswara Rao ...Petitioner AND The State of Andhra Pradesh and others ...Respondent(S) Counsel for the Petitioner: I.Ramesh Babu Talluri Counsel for the Respondent{S): 1.GP for Irri and CAD 2.GP for Finance Planning The Court made the following: 18968 of 2024 ^ W.P. No. ORDER: This writ petition is filed seeking the foiiowing relief: direction more particularly “...pleased to issue order writ or in the nature of Writ of Mandamus for declaring the action of the the final bill amount of Rs.16,89,340/- one in . respondents in not releasing to the petitioner along with interest for the work executed by him in entered into with the 5th respondent 19.06.2023 as illegal. of the agreement pursuance vide Agreement No.16/2023-24, dated arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release undisputed final the petitioner along with interest for under Agreement No.16/2023-24, dated bill amount of Rs.16,85,812/- to the work executed by him 19.06.2023 and to pass...” 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 deary arbitrary and high-handed, requiring the interference of this Court. 02. It is Assistant Government Pleader for the other hand, the learned while admitting about the claim of the petitioner, placed on record received from the Executive Engineer, Drainage Division, .EE/DRG/GDV/AB/A4/Court Cases/118^, dated bill had not been uploaded due to quality 03. On Irrigation, instructions Gudivada, issued vide Lr.No 27.01.2025 and submitted that the not done. Though the instructions stated that the status of the in but such information was not mentioned. clearance was bills was furnished therein learned counsel for the petitioner and Pleader for Irrigation, this writ petition is release the amount of In view of the submissions of the 04. the learned Assistant Government direction to the respondents to allowed with a Rs 16,85,812/- (Sixteen Lakh Eighty the petitioner, along with the interest as per the entitlement Five Thousand Eight Hundred Twelve Rupees only) to 3 W.P. No.18968 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 entitlement. as per the 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. SR/NfVAS a^ista^egistrar SECTION OFFICER //TRUE COPY// To. 1. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District. 2. The Special Chief Secretary, Department of Irrigation and Water Resources, State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District. 3. The Commissioner, CADA and Secretary to Government, Vijayawada Krishna District. 4. The Superintending Engineer, Irrigation Circle,Krishna District. 5. The Executive Engineer, Drainage Division, Gudivada, Krishna District. 6. The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex, Rama Mandiram Street, Governorpet, Vijayawada, Krishna District . 7. One CC to Sri. Ramesh Babu Talluri Advocate [OPUC] 8. Two CCs to GP For Finance Planning, High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP For Irrigation and CAD, High Court Of Andhra Pradesh. [OUT] 10. Three CD Copies GSC k HIGH COURT DATED:17/02/2025 ORDER WP.No.18968 of 2024 SFamdh^ X 20 MAR 2025 m ^5: Current Section ^ pespATCV^r^ ALLOWING OF THE WP WITHOUT COSTS