IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUA TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 28504 OF 2024 Between: RKN Projects Private Ltd, Rep by its Managing director, N Ramesh Kumar, S/o N Balaiah, Aged about 58 years, Occ: Contractor, R/o D No 26-2-29, 2nd Lane, Rithwik, Enclave, A.K.Nagar, Nellore, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati Guntur District, Andhra Pradesh. 3. The superintending Engineer, Irrigation Circle, Nellore, S.P.S.R. Nellore District. 4. The Executive Engineer, Nellore Central Division, Nellore, S.P.S.R Nellore 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the interest amount of Rs.42,08,038/- to the Petitioner @6 percent per annum for the execution of the work under Neeru Chettu Improvements and Restoration of Tank Bund and structures of Nellore Tank in Nellore Rural Mandal of SPSR Nellore District, Agreement no 177SE/2017-2018 Dated 02.02.2018 to the petitioner is arbitrary, illegal and consequently direct the respondents to pay the interest amount for 1463 days delay @ 6 percent per annum as per the orders of Honourable High Court in W.A.No. 724 of 2021 and batch Dated 12.10.2023 to the petitioner for the execution of the above said works on the admitted bill amount from the date when the bills were submitted by the petitioner for payment to till the date of final payment. 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 to pay the interest amount of Rs.42,08,038/- to the Petitioner @ 6% per annum for the execution of the work under Neeru - Chettu Improvements and Restoration of Tank Bund and structures of Nellore Tank in Nellore Rural Mandal of SPSR Nellore District, Agreement no: 177SE/2017-2018 Dated: 02.02.2018 to the petitioner is arbitrary, illegal and consequently direct the respondents to pay the interest amount for 1463 days delay @ 6% per annum as per the orders of Hon ble High Court in W.A.No. 724 of 2021 and batch Dated: 12.10.2023 to the petitioner for the execution of the above said works on the admitted bill amount from the date when the bills were submitted by the petitioner. Counsel for the Petitioner: M/s S SIVA KUMARI Counsel for the Respondent Nos. 1,3&4: GP FOR IRRI AND CAD Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING The Court made the following order: APHC010536352024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Twenty Fourth day of February Two Thousand and Twenty Five Present The Honourable Ms Justice B.S. Bhanumathi Writ Petition No: 28504/2024 Between: ...Petitioner RKN Projects Private Ltd and ...Respondent(s) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.S Siva Kumari 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.28504 of 202 Order: This writ petition is filed seeking the following relief: “...pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the interest amount of Rs.42,08,038/- to the petitioner @ 6 percent per annum for the execution of the work under Neeru - Chettu Improvements and Restoration of Tank Bund and structures of Nellore Tank in Nellore Rural Mandal of SPSR Nellore District, Agreement No:177SE/2017-2018, dated 02.02.2018 to the petitioner is arbitrary, illegal and consequently direct the respondents to pay the interest amount for 1463 days delay @ 6 percent per annum as per the orders of Honourable High Court in W.A.No.724 of 2021 and batch dated 12.10.2023 to the petitioner for the execution of the above said works on the admitted bill amount from the date when the bills were submitted by the petitioner for payment to till the date of final payment and pass...” It is the contention of the petitioner that even though the petitioner is entitled to the aforesaid amount, no payment is made. The petitionercontends that such non-payment of money is clearly arbitrary and high-handed, requiring the interference of this Court. 02. 03. The learned Assistant Government Pleader for Irrigation reported that he has no written instructions and prayed this Court to pass appropriate order in the light of the Judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023. In view of the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation, this writ petition is disposed of with a direction to the respondents to release the amount of interest on the amount payable in relation to the subject agreementsto the petitioner, as per the entitlement vide the judgment of the Division Bpnch 04. 3 W.P. No.28504 of 202^ 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. r It is open to the petitioner to agitate the claim for higher rate of interest, if any, payable by the respondents, before an appropriate forum. There shall be no order as to costs. 05. 06. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. Sd/- M SRiNiVAS ASSISTANT REGISTRAR //TRUE COPY// i SECTION OFFICER To, 1. The Principal Secretary, Irrigation Department. State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District Andhra Pradesh. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati Guntur District, Andhra Pradesh. 3. The superintending Engineer, Irrigation Circle, Nellore, S.P.S.R. Nellore District. 4. The Executive Engineer, Nellore Central Division, Nellore, S.P.S.R Nellore District. 5. One CC to Sri. S Siva Kumari Advocate [OPUC] 6. TwoCCsto GP for Irrigation and CAD ,High Court Of Andhra Pradesh. [OUT] 7. Two CCs to GP for Finance Planning, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC HIGH COURT DATED:24/02/2025 ORDER WP.No.28504 of 2024 01 APR 2025 \ ^ . Current Section ^ X Pa. DISPOSING OF THE WP WITHOUT COSTS