V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 25815 OF 2024 Between: Shaik Jani, S/o.Syaida Saheb, aged about 47 years, R/o.D.No.8-22-57 2nd Lane, Sitarama Nagar, Guntur, Guntur District. ...Petitioner AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary Water Resources Department, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. 2 The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 3. .The Executive Engineer, K.W.Division, Tenali, Guntur District. 4. The Deputy Executive Engineer, Eastern Sub-Division, Repalle, Bapatia District. 5. .The Assistant Engineer, No.2 Section, Kolluru, Bapatia 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not paying the admitted LS-I and Final bill amount of Rs. 5,57,021/- for the work of O and M Repair to Lock chamber Gates of Kolluru Lock @ 45.200km of K.W.Bank canal, Varahapuram channel. Shutter at 1.406km, Vellabadu branch, Anantharam Branch, Krapa Branch of Kolluru Mandal and Kollapalem Regulator, RTS Channel of Battiprolu Mandal in Bapatia in respect of the Work Agreement No.62/2023-24, dated District, 14.08.2023, 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 LS-I and Final Bill an amount of Rs. 5,57,021/-, to the petitioner in respect of the Work Agreement No.62/2023-24, dated - ^14,08.2023, for the work of O and M Repair to Lock chamber Gates of Kolluru Lock @ 45.200km of K.W.Bank canal, Varahapuram channel. Shutter at 1.406km, Vellabadu branch, Anantharam Branch, Krapa Branch of Kolluru Mandal and Kollapalem Regulator, RTS Channel of Battiprolu Mandal in Bapatia District. 1 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 to direct the respondents LS-I and Final Bill an amount of Rs. 5,57,021/-, to the petitioner in respect of the Work Agreement No.62/2023- 24, dated 14.08.2023, for the work of O & M Repair to Lock chamber Gates of Kolluru Lock @ 45.200knn of K.W.Bank canal, Varahapuram channel. Shutter at 1.406km, Vellabadu branch, Anantharam Branch, Krapa Branch of Kolluru Mandal & Kollapalem Regulator, RTS Channel of Battiprolu Mandal in Bapatia District pending disposal of the above writ petition. Counsel for the Petitioner: SRI MADHAVA RAO NALLURI Counsel for the Respondents: GP FOR IRRI AND CAD Counsel for the Respondents: GP FOR FINANCE & PLANING The Court made the following order: V APHC010497622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] K MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 25815/2024 Between: ...PETITIONER Shaik Jani AND ...RESPONDENT{S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.MADHAVA RAO NALLURi Counsel for the Respondent(S): 1.GP FOR IRRl AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: 2 W.P.No.25815 of 2024 ORDER: This writ petition is filed seeking the following relief: “...to issue an appropriate Writ, order direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not paying the admitted LS-I and final bill amount of Rs.5,57,021/- for the work of O & M repair to lock chamber gates of Kolluru Lock @ 45.200km of K.W.Bank Canal, Varahapuram Channel, Shutter at 1.406km, Vellabadu branch, Anantharam Branch, Krapa Branch of Kolluru Mandal & Kollapalem Regulator, RTS Channel of Battiprolu Mandal in Bapatia District, in respect of the Work Agreement No.62/2023-24, dated 14.08.2023, 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 LS-I and final bill for an amount of Rs.5,57,021/-, to the petitioner and to 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, Tenali, dated 28.12.2024. The relevant portion of the written instructions is usefully extracted as follows: i 3 x\ •V W.P.No.25815 of 20. “...The value of work done under this agreement is Rs.6,57,942/- (Work done- Rs.5,57,021/- + NAG Rs.557/-+GST Rs.1,00,364/-) and the work was completed on 10.01.2024 and the bill was recorded vide Measurement Book No.5398KW. In this connection, it is submitted that due to non-availability of funds, bill was not paid. Soon after release of funds by the Government, bill will be paid...” 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.5,57,021/- (Five Lakh Fifty Seven Thousand Twenty One 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. Flowever, 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. 04. 05. Sd/- K TATA RAO DEPUTY! REGISTRAR //TRUE COPY// SE FFICER To, The Principal Secretary, Water Resources Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. 2 The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 3. The Executive Engineer, K.W.Division, Tenali, Guntur District. 4. The Deputy Executive Engineer, Eastern Sub-Division, Repalle, Bapatia District. 5. The Assistant Engineer, No.2 Section, Kolluru, Bapatia District. 6. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] 7 Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh. [OUT] 8 Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 9. Two CD Copies 1. RAM HIGH COURT DATED:27/01/2025 ORDER WP.No.25815 of 2024 SfANDH^-^ S' 18 FEB 2025 Ct^ Curreni a ALLOWING THE WP WITHOUT COSTS