APHC010507192024 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: 26472/2024 Between: United Dredging and Infrastructure ...Petitioner and The State of AP and others ...Respondent(s) Counsel for the Petitioner: 1. Annamneedi Balakrishna 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.26472 of 2024 Order: This writ petition is filed seeking the following relief: “…Pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.39,69,829/-, 1) Amount of Rs.6,60,265/- vide M.Book.No.2403A and Quality Control Certificate No.58575, for which the work “Annual Maintenance towards removal of weed growth from Upper Kousika Major Drain from KM 0.0 to KM 4.0 in G.C. Delta”, 2) Amount Rs.6,30,245/-, vide M.Book.No.2403A and Quality Control Certificate No.38576, for which the work “Annual Maintenance towards removal of weed growth from Upper Kousika Major Drain from KM 9.60 to KM 15.00 in G.C. Delta”, 30) Amount of Rs.6,65,079/- vide M.Book.No.2407A, for which the work “Annual Maintenance towards removal of weed growth from Sakurru Major Drain and Sankyanadi Medium Drain in G.C. Delta”, 4) Amount of Rs.6,36,858/- vide M.Book.No.1627A and Quality Control Certificate No.58578, for which the work “Annual Maintenance towards removal of weed growth from Kummaricalva Major Drain from KM 21.00 to KM 24.00 and Peruru Parallel Minor Drain in G.C.”, Delta 5) Amount of Rs.6,94,442/- vide M.Book.No.2405A and Quality Control Certificate No.58577, for which the work “Annual Maintenance towards removal of weed growth from Kummaricalva Major Drain from KM 11.70 to KM 20.80 in G.C. Delta” and 6) Amount of Rs.6,82,940/- vide M.Book.No.2422A and Quality Control Certificate No.58580, for which the work “Annual Maintenance towards removal of weed growth from Lower Kowshika major drain from km 2.00 to km 8.00 in G.C. Delta” in the year of 2023-24, with interest of 3 W.P. No.26472 of 2024 execution and completion of 0 and M works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.39,69,829/- for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith 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, Drainage Division, Nellore, issued vide Letter.No.EE/DD/KKD/DB/TA/F.Court cases, dated _.01.2025 and further submitted that the bills are pending for release of LOC. 04. It is pertinent to mention that the petitioner claimed Rs.39,69,829/-, whereas in the written instructions, the gross amount payable to the petitioner is shown as Rs.46,87,000/-. The Order is limited to the amount claimed by the petitioner. But this Order does not disentitle the petitioner for higher amount, if he is so entitled. 05. 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.39,69,829/- (Thirty Nine Lakh Sixty Nine Thousand Eight Hundred Twenty 4 W.P. No.26472 of 2024 Nine Rupees only) to the petitioner, 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. 06. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 10.02.2025 SCH 5 W.P. No.26472 of 2024 194 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 26472/2024 Date: 10.02.2025 SCH