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2025 DAILYLAW 34603 (AP)

RKN PROJECTS PRIVATE LTD v. THE STATE OF AP

WP/29465/2024 · 2025-02-24

B S Bhanumathi

body2025

Judgment text

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APHC010536202024 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: 29465/2024 Between: RKN Projects Private Ltd ...Petitioner AND The State of AP and others ...Respondent(s) 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.29465 of 2024 Order: This writ petition is filed seeking the following relief: “…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.14,17,890/- to the petitioner @ 6 percent per annum for the execution of the work under Neeru - Chettu - Desilting of Allur large tank near Allur, Gradagunta and Singapeta village of Allurmandal in SPSR Nellore District, with Agreement No.117SE/2018-2019, dated 05.10.2018 and Suppl Agreement No.168SE/2018-2019, dated 23.03.2019 to the petitioner is arbitrary, illegal and consequently direct the respondents to pay the interest amount for 1355 days delay @ 6 percent 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 for payment to till the date of final payment and pass…” 02. It is the contention of the petitioner that even though 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. 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. 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 disposed of with a direction to the respondents to release the amount of 3 W.P. No.29465 of 2024 interest on the amount payable in relation to the subject agreements 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. 05. 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. 06. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 24.02.2025 SCH 4 W.P. No.29465 of 2024 279 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 29465/2024 Date: 24.02.2025 SCH