IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 29888 OF 2024 Between: Ravi Subba Rao, S/o. Sambaiah. aged about 68 years, R/o. D. No. 9-37, Mantripalem Village, Nagaram Mandal, Bapatia District, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District. 3. The District Collector. Bapatia District, Bapatia. (Erstwhile Guntur District). 4. The Executive Engineer, Water Resources Department, K.W. Division, Tenali, Guntur 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 be pleased to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in withholding the payment of final bill amount of Rs. 10,95,173/- (Rupees Ten lakhs ninety five thousand one hundred and seventy three only) after finalizing the bills payable to the petitioner in relation to the execution of work executed under O & M Neeru- the Repalle (M) in Guntur (Dt.) presently Bapatia District as illegal, arbitrary and contrary to the principles of natural justice and consequently direct the respondents to pay the may , even amount along with interest 24 execution of the work to the account of the petitioner. percent per annum from the date of lA NO: 2 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 pass an interim order directing the respondent authorities to release the amount of Rs.10,95,173/- (Rupees Ten lakhs ninety five thousand one hundred and seventy three only) to the petitioner along with interest @ 24% per annum work executed under Neeru-Chettu Guntur (Dt.) presently Bapatia District petition. per the entitlement for the execution of the programme in the Repalle (M) iri until disposal of the above writ as Counsel for the Petitioner: SRI SRINIVASA RAO Counsel for the Respondent Nos.1,3 & 4: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.2: GP FOR FINANCE & The Court made the following: ORDER NARRA PLANNING APHC010409132024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY. THE TENTH DAY OF FEBRUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 29888/2024 Between: Ravi Subba Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SRINIVASA RAO NARRA 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; “...pleased to issue any writ, order or Direction particularly one in the nature of writ of Mandamus declaring the action of the Respondents in withholding the payment of final bill amount of Rs.10,95,173/- (Rupees Ten lakhs ninety five thousand one hundred and seventy three only) even after finalizing the bills payable to the petitioner in relation to the execution of work e^cuted under O and M, Neeru- the Repalle (M) in Guntur (Dt.'l more W.P.No.29888of 2024 dt:10.02.2025 2 presently Bapatia District as illegal, arbitrary and contrary to the principles of natural justice and consequently direct the respondents to pay the amount along with interest 24 percent per annum from the date of execution of the work to the account of the petitioner and pass...” 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. 02. 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, K W Division, Tenali, dated 10.02.2025. The written instructions are extracted as follows: 03. “...1) "O&M Repairs to K W Bank Canal from km 65.294 to 86.600 and its branches PD Channel Pakalagadi, Aravapalli Channel its branches Pothumeraka side channel, Raju Channel, Guntcole channel and its branches Repalle mandal, Bapatia district vide Agreement No.7KW/2023-24, dated.15.05.2023, Estimate Cost Rs. 13,50,000/- DR No.63KW/2023-24, Estimate contract value of Rs.11,94,726/- The value of work done under this. Agreement is Rs.12,93,549/-(Work done- Rs.11,53,662/- + NAC Rs.1292/-+GST Rs.138595/-) and the work was completed on 10.02.2025 and the bill was recorded vide Measurement Book No.5456KW. The petitioner has prayed the Hon'ble High court to direct the respondents to release the above work bills and pay the amounts with interest. W.P.No.29888 of 2024 clt;10.02.2025 3 In this connection, it is submitted that due to non-availability of funds, bills were not paid. Soon after release of funds by the Government, bills will be paid....” It is pertinent to mention that the petitioner claimed Rs.10,95,173/-, whereas in the written instructions the gross amount payable to the petitioner is shown as Rs.12,93,549/-. As such, in view of the claim made by the petitioner, the Order is limited to the amount claimed by the petitioner. But this Order does not disentitle the petitioner for higher amount, if he is so entitled. 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.10,95,173/- (Ten Lakh Ninety Five Thousand One Hundred Seventy Three 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 to any higher amount, the same shall also be paid as per the entitlement. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. 04. 05. 06. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To Principal Secretary, Water Resources Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. District Collector, Bapatia District, Bapatla. (Erstwhile Guntur 1. The 2. The 3. The District). &. Thp Fypcutive Enaineer, Water Resources Department, K.W. Division, 5. One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] 6. Two CCs to GP for Irrigation and CAD, High Court of A.P. Amaravati[OUT] 7. Two CC’s to GP for Finance and Planning, High Court of A.P. Amaravati[OUT] 8. Three CD Copies. at at ssb HIGH COURT DATED;10/02/2025 ORDER WP.No.29888 of 2024 ALLOWING THE W.P. WITHOUT COSTS