APHC010016892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Seventeenth day of February, 2025 Present The Honourable Ms Justice B.S. Bhanumathi Writ Petition No: 1371/2025 Between: Sri Yanamala Niranjan ...Petitioner and The State of Andhra Pradesh and others ...Respondent(s) Counsel for the Petitioner: 1. C. Vamsi Krishna Counsel for the Respondent(s): 1. GP for Irrigation Comm Area Dev 2. GP for Finance Planning The Court made the following: 2 W.P. No.1371 of 2025 ORDER: This writ petition is filed seeking the following relief: “…pleased 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 non-payment of amount due to me even after finalizing the bills payable to me in relation to the works executed by them under “Destling of Pyderu major drain and repairs to C.C. walls near Kammapalem (V) in Kodavalur (M) of SPSR Nellore District” vide Agreement No.18/O AND M/DN/2021-22 and Agt value of Rs.32,55,277/- as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amount due to the petitioner in respect of execution of works forthwith 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, Drainage Division, Nellore, issued vide Lr.No.EE/DD/NLR/ O & M/Court Case, dated 25.01.2025. The written instructions are extracted as follows: “...It is further to submit that, BRO has not been released to upload the bills in the CFMS portal and clear the pending O&M work Bill. Soon after receiving the budget release order from the Govt., the subject work bill will be uploaded in the CFMS portal and accordingly the payment to the petitioner will be arranged...” 3 W.P. No.1371 of 2025 04. It is pertinent to mention that the petitioner claimed Rs.32,55,277/-, whereas in the written instructions the gross amount payable to the petitioner is shown as Rs.21,83,000/-. The Order is limited to the amount mentioned by the respondents. 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.21,83,000/- (Twenty One Lakh Eighty Three Thousand 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: 17.02.2025 SCH 4 W.P. No.1371 of 2025 254 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 1371/2025 Date: 17.02.2025 SCH