N THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE MS JUSTICE B. S. BHANUMATHI WRIT PETITION NO: 23338 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, Velagapudi Amaravathi. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravathi. The Chief Engineer(Projects), NSP, Guntur, Guntur District. The Superintending Engineer, NSJC O and M Circle, Lingamguntla. Guntur District. The Executive Engineer, NSJC Monitoring Division, Lingamguntla, Narasaraopet. Guntur District. The Dy. Executive Engineer, NSJC Monitoring Sub-Division Macherla. Guntur District. The Assistant Pay and Accounts Officer, Works and Projects, Lingamguntla. Guntur District. 2. 3. 4. 5. 6. 7. ...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 a direction more p particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the admitted LS-1®‘ and Final bill amount of Rs. 14,25,806/-even after finalized the bill long back payable to the petitioner after successful execution of work for Urgent Repairs to scoured portion @ D/S Right Bank of Cross Regulator at Km.39.999 of Nagarjuna Sagar Right Main Canal vide Agt.No.14-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. 14,25,806/- 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 writ petition, the High Court may be pleased to direct the respondents to release the admitted bill amount of Rs. 14,25,806/-due to the petitioner, after the successful execution of work for “Urgent Repairs to scoured portion @ D/S Right Bank of Cross Regulator at Km.39.999 of Nagarjuna Sagar Right Main Canal” vide Agt.No.14- 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 Respondent Nos.1, 3 to 6 : GP FOR IRRIGATION AND COMMONAD AREA DEVELOPMENT Counsel for the Respondent Nos.2 & 7 : GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010450842024 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: 23338/2024 Between: ...PETITIONER Nimmagadda Naveen Krishna, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1.GPFORIRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: 2 W.P.No.23338 of2024 > 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.14,25,806/- even after finalized the bill long back payable to the petitioner after successful execution of work for "urgent repairs to scoured portion @d/s right bank of cross regulator at Km.39.999 of Nagarjuna Sagar right main canal" vide Agt.No.14-EE/2023-24, dated 29.12.2023, in Water 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. 14,25,806/- due to the petitioner in respect of execution of work along with interest of 18% and to pass...” St & 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, NSJC Monitoring Division, Lingamguntia, issued vide Lr.No.AB/EC/COURT 3 W.P.No.23338 of 2024 CASESMU”^ dated 08.11.2024. The written instructions are usefully extracted as follows: “...The bill was submitted to Assistant Pay and Accounts Officer, Narasaraopet for payment with gross amount of Rs.18,30,138/-. The bill was rejected/closed by the CFMS authorities as per the Commissioner, CADA, Vijayawada vide a memo dated 30.09.2024. It is further submitted that, the request of the petitioner will only be considered after release of LOG to pay the final bill amount...” 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.14,25,806/- (Fourteen Lakh Twenty Five Thousand Eight Hundred Six 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. 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. 04. 05. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. 06. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// '4 9^ SECTION OFFICER To, 1. The Principal Secretary, Irrigation and Command Area Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. The Chief Engineer(Projects), NSP, Guntur. Guntur District. The Superintending Engineer, NSJC O and M Circle, Lingamguntla. Guntur District. The Executive Engineer, NSJC Monitoring Division, Lingamguntla, Narasaraopet. Guntur District. The Dy. Executive Engineer, NSJC Monitoring Sub-Division Macherla. Guntur District. The Assistant Pay and Accounts Officer, Works and Projects, Lingamguntla. Guntur District. One CC to Sri Battula Sanjaiah Gandhi, Advocate [OPUC] Two CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh. [OUT] 10.Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 2. 3. 4. 5. 6. 7. 8. 9. 11. Three C.D. Copies. Cnr HIGH COURT DATED:27/01/2025 * 11 FEB 2025 m, ^ . Current oection ^ , ORDER WP.No.23338 of 2024 ALLOWING THE W.P. WITHOUT COSTS