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2025 DAILYLAW 34397 (AP)

Sri Nadimpalli Ramalinga Raju and M/s Kiran Infra (JV), v. The State of Andhra Pradesh,

WP/27561/2024 · 2025-02-10

B S Bhanumathi

body2025

Judgment text

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APHC010529822024 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: 27561/2024 Between: Sri Nadimpalli Ramalinga Raju and M/s Kiran Infra (jv), ...Petitioner and The State of Andhra Pradesh and others ...Respondent(s) Counsel for the Petitioner: 1. Annamneedi Balakrishna Counsel for the Respondent(S): 1. GP for Irrigation and Comm Area Dev 2. GP for Finance Planning The Court made the following: 2 W.P. No.27561 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 inaction on part of the respondents in not releasing the final bill amount of Rs.39,34,743/- vide Agreement No.13DC/2021-22, dated 20.07.2021 vide M.Book.No.2206 A and Quality Control Certificate No.58716, for which the work “Annual Maintenance towards Removal of Weed Growth form Major, Medium and Minor Drains in Drainage Section 2 and 3 of Drainage Sub-Division, Amalapuram in G.C. Delta”, with interest of execution and completion of O and M works under irrigation department as per the 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 to release the final bills of total amount worth of Rs.39,34,743/- fo0r 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, Kakinada, issued vide Letter.No.EE/DD/KKD/DB/AT/ F. CC/72M, dated 29.01.2025 and submitted that the bills are pending for release of LOC. 3 W.P. No.27561 of 2024 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.39,34,743/- (Thirty Nine Lakh Thirty Four Thousand Seven Hundred Forty Three 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 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. 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.27561 of 2024 195 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 27561/2024 Date: 10.02.2025 SCH