APHC010497672024 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: 25804/2024 Between: Shaik Jani ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MADHAVA RAO NALLURI 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.25804 of 2024 ORDER: This writ petition is filed seeking the following relief: “…to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not paying the first and final bill an amount of Rs.5,55,026/-, out of gross amount of Rs.6,02,569/-, to the petitioner, in respect of the Work Agreement No.19KW/2023-24, dated 01.07.2023, for execution of O&M Repairs to shutters of branches of Commamuru canal from 58.000K.M to 65.000K.M under Project Committee, being illegal, arbitrary and violation of Article 14, 19(1)g and 21 of the Constitution of India and consequently direct the respondents forthwith to pay the First and Final Bill an amount of Rs.5,55,026/-, out of gross amount of Rs.6,02,569/-, to the petitioner in respect of the Work Agreement No.19KW/2023-24, dated 01.07.2023, for execution of O&M Repairs to shutters of branches of Commamuru canal from 58.000KM to 65.000K.M under Project Committee and 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, K.W. Division, 3 W.P.No.25804 of 2024 Tenali, dated 28.12.2024. The relevant portion of the written instructions is usefully extracted as follows: “...The value of work done under this Agreement is Rs.6,55,586/- (work done- Rs.5,55,026/- + NAC Rs.555/- +GST Rs.1,00,005/-) and the work was completed on 27.12.2023 and the bill was recorded vide Measurement Book No 2300KW. In this connection, it is submitted that due to non-availability of funds, bills were not paid. Soon after release of funds by the Government, bills will be paid....” 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.5,55,026/- (Five Lakh Fifty Five Thousand Twenty Six Rupees only) to the petitioner, 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. There shall be no order as to costs. 05. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 27.01.2025 NSM 4 W.P.No.25804 of 2024 174 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 25804/2024 Date: 27.01.2025 NSM