APHC010529622024 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: 27714/2024 Between: G Dastagiri Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SREEKANTH REDDY AMBATI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING The Court made the following: 2 W.P.No.27714 of 2024 ORDER: This writ petition is filed seeking the following relief: “…to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in not releasing the bills of the petitioner in relating to works under Neeru Chettu Programme for Desilting of pala vagu near Govindapalli(V) Uyyalawada (M) in Kurnool District, vide Agreement No. 2615/2018-19 with M. Book No.7818 MIA, pursuant to completion as illegal, arbitrary and violation of Articles 14, 21 & 300-A of the Constitution of India and consequently direct the respondents to comply with the said M-Books by paying amounts covered thereby including refund of the deposits such as EMD & FSD if any to the Petitioner 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, W.R.D., M.I. Works Division, Nandyal, vide letter No.F-N10/TW/TO/05M, dated 05.01.2025. He further submitted that the bill of the petitioner is for Rs.9,13,500/-. The relevant portion of the written instructions is usefully extracted as follows: 3 W.P.No.27714 of 2024 “...The budget proposals for above works to be submitted in Category-C2 (statement showing fresh writ petition filed before the Hon'ble High Court where bills are pending for want of budget, HoA etc.,) to the government. Soon after receipt of the budget from the government the payment will be arranged to the petitioner through CFMS...” 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.9,13,500/- (Nine Lakh Thirteen Thousand Five Hundred 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.27714 of 2024 171 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 27714/2024 Date: 27.01.2025 NSM