Sri Palla Srinivasa Rao v. The State of Andhra Pradesh
WP/1125/2025 · 2025-02-10
B S Bhanumathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3208 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3208 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010014042025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Tenth day of February, 2025 Present The Honourable Ms Justice B. S. Bhanumathi Writ Petition No: 1125/2025 Between: Sri Palla Srinivasa Rao ...Petitioner and The State of Andhra Pradesh and others ...Respondent(s) Counsel for the Petitioner:
1. Sameera Bokka 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.1125 of 2025 Order:
This writ petition is filed seeking the following relief:
“…pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs.6,37,964/- along with interest @ 6% per annum, in view of the judgement of the Honble Division Bench of this court in Writ Appeal No 724/2021 and batch dt 12-10-2023 to the petitioner for execution of work as illegal arbitrary and violation of Article 14 and 21 of Constitution of India and consequentially to direct the respondents to release and pay the bill worth of Rs.6,37,964/- along with interest 6% per annum to the petitioner forthwith…”
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, Godavari Eastern Division, Ramachandrapuram, issued vide Letter.No.EE/GE.Divn./RCPM/CB/IC2/32M, dated 07.02.2025 and submitted that the bills are pending for release of LOC. 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.6,37,964/- (Six Lakh Thirty Seven Thousand Nine Hundred Sixty Four 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
3 W.P. No.1125 of 2025 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. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 10.02.2025 SCH
4 W.P. No.1125 of 2025 191 HON’BLE Ms. JUSTICE B.S.BHANUMATHI
WRIT PETITION NO: 1125/2025
Date: 10.02.2025 SCH