1 * IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 21159 OF 2024 Between: Water User Association, Gajjuvanikunta, Digavalli, Rep. its Vice-President Konakala Satyanarayana, S/o. Late Ramaiah, R/o. 1-120, Mittaqudem Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning Secretariat, Velagapudi Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and Command Area Development Department, Secretariat, Velaqapudi Amaravathi. 3. The Chief Engineer, Minor Irrigation Department, Vijayawada, Krishna District. 4. The District Collector, Machilipatnam, Krishna District, 5. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District. 6. The Executive Engineer, Special Division, Vijayawada, Krishna District. 7. The Dy. Executive Engineer, Special Sub-Division, Nuzvid, Krishna District. 8. The Assistant Executive Engineer, Special Section, Nuzvid, 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 be pleased to issue an appropriate writ or order or a direction more may particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the bill payment of Rs.9,37,040/-, even after successful completion of execution of work and finalized the bill for Desilting the tank bed area Gajjuvanikunta Tank and Levelling of Burial Ground in Mittagudem of Digavalli (V) in Nuzvid (M) Krishna District, vide its Agreement No.542/2017-18 dated 31.10.2017 in Water Resources Department under Neeru-Chettu Programme which is illegal, arbitrary and violative of Articles 14, 21 and 300 A of the Constitution of India and also violative of Principles of natural Justice and consequently direct the respondents to release the due amount of Rs.9,37,040/- to the petitioner in respect of execution of work forthwith interest of 18% 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 due amount of Rs.9,37,040/- payable to the petitioner in respect of execution of work for Desilting the tank bed Gajjuvanikunta Tank and Levelling of Burial Ground in Mittagudem of Digavalli (V) in Nuzvid (M) Krishna District, vide its Agreement No.542/2017-18 dated 31.10.2017 in Water Resources Department under Neeru-Chettu programme, immediately, pending disposal of the main writ petition Counsel for the Petitioner: SRI BATTULA SANJAIAH GANDHI Counsel for the Respondent No.1: GP FOR FINANCE PLANNING Counsel for the Respondents No.2 to 8: GP FOR IRRIGATION AND CAD The Court made the following: Order APHC010412072024 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: 21159/2024 Between: ...PETITIONER Water User Association AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1.GP FOR IRRI ANDCAD 2.GP FOR FINANCE PLANNING The Court made the following: p 2 W.P.No.21159 of 2024 ORDER: This writ petition is filed seeking the following relief; “...to issue an appropriate writ or order or a direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not releasing the bill payment of Rs.9,37,040/-, even after successful completion of execution of work and finalized the bill for "Desilting the tank bed area Gajjuvanikunta Tank & levelling of burial ground in Mittagudem of Digavalli (V) in Nuzvid (M), Krishna District, vide its Agreement No.542/2017-18 dated 31.10.2017 in Water Resources Department under Neeru-Chettu Programme, which is illegal, arbitrary and violative of Articles 14, 21 and 300 A of the Constitution of India and also violative of principles of natural justice and consequently direct the respondents to release the due amount of Rs.9,37,040/- to the petitioner in respect of execution of work with interest of at the rate of 18% 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, Special Division, Vijayawada, issued vide letter No.EE/SPL/DIV/VJAA/VP 1 3 W.P.No.21159 of 2024 No.21159/2024, dated 18.01.2025. He further submitted that B.R.O. was released and the bill is under process 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.9,37,040/- (Nine Lakh Thirty Seven Thousand Forty 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. 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. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Department of Finance and Planning Secretariat, Velagapudi, Amaravathi. 2. The Principal Secretary, State of Andhra Pradesh, Irrigation and Command Area Development Department, Secretariat, Velagapudi Amaravathi. 3. The Chief Engineer, Minor Irrigation Department, Vijayawada, Krishna District. 4. The District Collector, Machilipatnam, Krishna District, 5. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District. 6. The Executive Engineer, Special Division, Vijayawada, Krishna District. 7. The Dy. Executive Engineer, Special Sub-Division, Nuzvid, Krishna District. 8. The Assistant Executive Engineer, Special Section, Nuzvid, Krishna District. 9. One CC to SRI BATTULA SANJAIAH GANDHI Advocate [OPUC] 10. Two CCs to GP FOR FINANCE PLANNING, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP FOR IRRIGATION AND CAD, High Court of Andhra Pradesh [OUT] 12. Three CD Copies gsg T HIGH COURT DATED: 27/01/2025 ORDER WP.No.21159 of 2024 ALLOWING THE WP WITHOUT COSTS