APHC010375032024 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: 19077/2024 Between: K Goutham Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING The Court made the following: 2 W.P.No.19077 of 2024 ORDER: This writ petition is filed seeking the following relief: “…to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in not releasing the payment of balance amount of Rs.19,34,711/- vide M Book No.520 GNSS & CFMS No. 2023-920525, even after finalizing the bills, payable to the petitioner in relation to the works i.e., annual maintenance of estimate rest house cum control room near Gandikota dam site near Kondapuram Village and mandal of Kadapa District for the year 2022-23, vide Agreement No.09EE/2022-23, dated 15.12.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.19,34,711/- vide M Book No.520 GNSS & CFMS No.2023- 920525 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith 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 (FAC), S.K.D.GNSS Division No-1, Kadapa (YSR District), vide letter 3 W.P.No.19077 of 2024 No.EE/GNSS Div1/KDP/DB/CC/45M dated 25.01.2025. The written instructions are usefully extracted as follows: “A letter was addressed to Director of Works, Finance Department, Mangalagiri on 18.04.2024 by Superintending Engineer, SKD GNSS (P) circle, Kadapa for migrating the bill, but no action taken by them. Now, the bill is amended to revised HOA, but in 1st vote on account budget bill was not created due to system under maintenance. Later in 2nd vote on account budget and in the present regular budget due to insufficient funds/ budget, bill could not be raised. In the above circumstances, it is humbly prayed that the finance department may migrate the bill by providing sufficient budget or after allocating sufficient budget under the revised head of account, the bill will be created and sent for payment.” 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.19,34,711/- (Nineteen Lakh Thirty Four Thousand Seven Hundred Eleven 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 three (03) 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. 4 W.P.No.19077 of 2024 06. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 27.01.2025 NSM 5 W.P.No.19077 of 2024 160 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 19077/2024 Date: 27.01.2025 NSM