IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 23340 OF 2024 Between: Nimmagadda Naveen Krishna, S/o. Venkateswara Rao, Aged 29 Years, Occ Contractor, R/o. M14/15, New Market Bazar, Vijayapuri South, Guntur, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and Command Area Development Department, Secretariat Velaqaoudi Amaravathi. a k , ^ The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravathi. 3. The Chief Engineer (Projects), NSP, Guntur. Guntur District 4. The Superintending Engineer, NSJC O and M Circle, Lingamguntia Ountur District. 5. The Executive Engineer, NSJC Monitoring Division, Lingamguntia Narasaraopet, Guntur District. - y y 6. The Dy. Executive Engineer, NSJC Monitoring Sub-Division, Macherla Guntur District. 7. The Assistant Pay and Accounts Officer, Works and Projects Lingamguntia, 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 may be pleased to issue an appropriate writ or order or particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the admitted LS-1st and Final bill a direction more amount of Rs.29,31,127/- even after finalized the bill long back payable to the petitioner after successful execution of work for Urgent Repairs for damaged canal banks at Head Sluice of Miryala Major at Km. 44.224 and scoured portion @ D/s Right Bank of A-Class Bridge at Km. 42.500 on Nagarjuna Sagar Jawahar Canal vide Agt.No. 15-EE/2023-24, Dated 29.12.2023, in Water Resources Department, NSJC O and M Circle, Lingamguntia in NSJC Monitoring Division, Lingamguntia, Narasaraopet, Guntur District, 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 payment of amount for Rs.29,31,127/- due 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 direct the respondents to release the admitted bill amount of Rs.29,31,127/- due to the petitioner, after the successful execution of work for “Urgent Repairs for damaged canal banks at Head Sluice of Miryala Major at Km. 44.224 and scoured portion @ D/s Right Bank of A-Class Bridge at Km. 42.500 on Nagarjuna Sagar Jawahar Canal” vide Agt.No.15- EE/2023-24, Dated 29.12.2023, in Water Resources Department, NSJC O&M Circle, Lingamguntia in NSJC Monitoring Division, Lingamguntia, Narasaraopet, Guntur District, immediately, pending disposal of the main writ petition Counsel for the Petitioner: SRI BATTULA SANJAIAH GANDHI Counsel for the Respondents No.1, 3 to 6: GP FOR IRRI AND CAD Counsel for the Respondents No.2 & 7: GP FOR FINANCE AND PLANNING The Court made the following: Order APHC010450462024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3311] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 23340/2024 Between: ...PETITIONER Nimmagadda Naveen Krishna AND ...RESPONDENT{S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.BATTULASANJA1AH GANDHI Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: 2 W.P.No.23340of 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 admitted LS-1"' & final bill amount of Rs.29,31,127/- even after finalized the bill long back payable to the petitioner after successful execution of work for "urgent repairs for damaged canal banks at head sluice of Miryala Major at Km.44.224 and scoured portion @D/s right bank of a-class bridge at Km.42.500 on Nagarjuna Sagar Jawahar Canal" vide Agt.No.15-EE/2023-24, dated 29.12.2023, in Resources Department, NSJC O&M Circle, Lingamguntia in NSJC Monitoring Division, Lingamguntia, Narasaraopet, Guntur District, 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 payment of amount for Rs.29,31,127/- due to the petitioner in respect of execution of work forthwith interest of 18% and to pass...” Water 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 i 3 W.P.No.23340 of 2024 record instructions received from the Executive Engineer, NSJC Monitoring Division, Lingamguntia, issued vide Lr.No.AB/EC/COURT CASES/413”^ dated 08.11.2024. The written instructions are extracted as follows: “...The Quality Control Authorities have also inspected the works and issued quality control certificate No.982, dated 07.02.2024. Respondent has passed the bill and submitted to Assistant Pay and Accounts Officer, Narasaraopet for payment vide CFMS bill No.2024-985455 with gross amount Rs.36,49,525/-. The bill was rejected/closed by the CFMS authorities as per the Commissioner, CADA, Vijayawada vide Memo NO.COM/CAD/O&M/MISC/1521/2024-25, dated 30.09.2024. It is further submitted that, the request of the petitioner will only be considered after release of L.O.C...” It is pertinent to mention that the petitioner claimed Rs.29,31,127/-, whereas in the written instructions the gross amount payable to the petitioner is shown as Rs.36,49,525/-. 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. 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.29,31,127/- (Twenty Nine Lakh Thirty One Thousand One Hundred Twenty Seven Rupees only) to the petitioner, along with the interest as per the entitlement vide the judgment of the 05. w’ 4 W.P.No.23340 of 2024 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. to the petitioner to agitate the claim for higher rate of payable by the respondents, before an appropriate 06. It is open interest, if any, forum. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ 07. Consequently Petition shall stand closed. SDI- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// sectiom officer I To, ^ • J'ommand“'AU®®S?veKpmeTDfpa“ sLae^tiar^etL^apuS^ Amaravathi. vL^Pudl, A.aravatPI, 3 The Chief Engineer (Projects), NSP, Guntur. Guntur District NSJC O and M Circle, Lingamguntla. Division, Lingamguntla, Pradesh, Finance and 4. The Superintending Engineer, Guntur District. NSJC Monitoring 5. The Executive Engineer Narasaraopet. Guntur District. 6. The Dy. Executive Engineer. NSJC Monitoring Sub-Division, Macherla. Guntur District. and Accounts Officer, Works and Projects, 7. The Assistant Pay Lingamguntla Guntur District. BATTULA SANJAIAH GANDHI Advocate [OPUCj IRRI AND CAD, High Court of Andhra Pradesh 8. One CC to SRI 9 Two CCS to GP FOR [OUT] 10. Two CCs to GP FOR Pradesh [OUT] finance and planning, High Court of Andhra 11. Three CD Copies gsg \ } f i HIGH COURT i DATED: 27/01/2025 ORDER ^ 0 7 FEB 2025 C5\. WP.No.23340 of 2024 I mi . Current Section •.VO ALLOWING THE WP WITHOUT COSTS