Nimmagadda Naveen Krishna, v. The State of Andhra Pradesh,
WP/23230/2024 · 2025-04-21
Sumathi Jagadam
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 31001 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31001 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010450692024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3459]
PRESENT
THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM
WRIT PETITION No.23230 OF 2024
Between:
Nimmagadda Naveen Krishna
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Petitioner
and
The State of A.P., Rep. by Principal Secretary to Irrigation and Command Area Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District and 10 others
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Respondents
Counsel for the petitioner : Sri Battula Sanjaiah Gandhi
Counsel for the respondents : G.P for Irrigation & CAD & G.P for Finance and Planning
The Court made the following ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner 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-1st & Final bill amount of Rs.88,35,981/- even after finalized the bill long back payable to the petitioner after successful execution of
JS,J WP No.23230/2024
2 work for “JICA-APILIP-II Modernization of Gangireddypalli tank near Gangireddypalli Village, Veldurthy Mandal, Guntur District” vide Agt.No.5SE/2022-23, Dated 24.06.2022 and Suppl. Agt.No.04-SE/2023-24, dated 31.05.2023, in Water Resources Department, Irrigation Circle, Guntur, Irrigation Division, Guntur 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.88,35,981/- due to the petitioner in respect of execution of work forthwith interest of 18% and to pass …………”
2. The case of the petitioner, in brief, is that he has participated in the tender process and stood as successful bidder. The 6th respondent has entered into an agreement with the petitioner vide agreement No.05- SE/2022-2023, dated 24.06.2022, for execution of JIC-APILIP-II- Modernization of Gangireddipalli tank Near Gangireddipalli Village in Veldurthy Mandal, Guntur District and subsequently a supplemental agreement No.04-SE/2023-2024, dated 31.05.2023, was entered between them during the years 2022-2023 and 2023-2024. The petitioner has completed the works within the stipulated time.
The respondent authorities have issued the Quality Control Certificate and the Measurement Book, finalized the bills and also uploaded in CFMS portal for the year 2024 vide token No.2024-166775 but the uploaded bill was cancelled by the Government, without assigning any reasons, and as such the bill amount of Rs.88,35,981/- is not yet released to the petitioner. JS,J WP No.23230/2024
3
3. During the course of hearing, the Principal Secretary, Finance and Planning, appeared through online and fairly submits that the respondents will generate new token number and release the bill amount to the petitioner within (4) weeks. 4. Recording the aforesaid submission of 2nd respondent, the Writ Petition is disposed of with the following directions:
i) The respondents are directed to clear the bills submitted by the petitioner and release the payment of Rs.88,35,981/- within four (4) weeks from the date of receipt of a copy of this order with interest at 12% p.a. ii) The interest shall be computed from the date of expiry of one (1) month from the date of submission of the bills by the petitioner till the date of payment. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 21.04.2025 DSH