APHC010542732024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Twenty Fourth day of February, 2025 Present The Honourable Ms Justice B.S.Bhanumathi WRIT PETITION NO: 28388/2024 Between: A Venkata Ramana Reddy ...petitioner AND The State of A.P. and others ...respondent(s) Counsel for the Petitioner: 1. V Nitesh Counsel for the Respondent(S): 1. GP for Irrigation and CAD 2. GP for Finance Planning The Court made the following: 2 W.P.No.28388 of 2024 ORDER: This writ petition is filed seeking the following relief: “…to direct the respondents to release the withheld amounts @ 7.5% for the contractual works undertaken by the petitioner under Neeru Chettu Scheme in lieu of the agreement Nos:1. 599/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur Village to Yellammapolamrastha from km 0.000 to km 2.800 near Bilakalgudur Village, Gadivemula (M), Kurnool (D)", 2) 603/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur Village to Pedda Galusurastha from km 0.000 to km 3.000 near Bilakalgudur Village, Gadivemula (M), Kurnool (D)", 3) 604/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur Village to Velpanurrastha from km 0.000 to km 3.000 near Bilakalgudur Village, Gadivemula (M), Kurnool (D)", 4)602/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur Village to Edgarastha from km 0.000 to km 2.800 near Bilakalgudur Village, Gadivemula(M), Kurnool (D)", 5) 606/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur Village to Jayarami Reddy polamrastha from km 0.000 to km 2.800 near Bilakalgudur Village, Gadivemula(M), Kurnool (D)", 6) 608/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur Village to Limgamaiah swamy rastha from km 0.000 to km 3.000 near Bilakalgudur Village, 3 W.P.No.28388 of 2024 Gadivemula(M), Kurnool (D)". 7) 598/2018-19, dated 19-04- 2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur Village to Ibrahim baavirastha from km 0.000 to km 3.000 near Bilakalgudur Village, Gadivemula (M), Kurnool (D)". 8) 597/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur Village to Vadalarastha from km 0.000 to km 3.000 near Bilakalgudur (V), Gadivemula(M), Kurnool (D)", 9)596/2018-19dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur Village to Prathapareddypolamrastha from km 0.000 to km 2.800 near Bilakalgudur (V), Gadivemula(M), Kurnool (D)", 10) 595/2018- 19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur Village to Sasonirastha from km 0.000 to km 3.000 near Bilakalgudur (V), Gadivemula(M), Kurnool (D)", 11) 594/2018-19 dated 19- 04-2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur to Kuntapolamrastha from km 0.000 to km 3.000 near Bilakalgudur (V), Gadivemula (M), Kurnool (D)", 12) 593/2018-19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Bilakalgudur to Regadagudurrastha from km 0.000 to km 3.000 near Bilakalgudur (V), Gadivemula(M), Kurnool (D)", 13) 714/2018- 19 dated 19-04-2018 for the work of "Repairs and strengthening of Ayacut road from Gadigarevula to Makanamurastha from km 0.000 to km 3.000 near Gadigarevula Village, Gadivemula (M), Kurnool (D)", 14)1415/2017-18 dated 18-04-2018 for the work of "Repairs and strengthening of Ayacut road from Grandivemula (V) to 4 W.P.No.28388 of 2024 koratamaddi (V) from km 0.000 to km 3.000 near grandivemula Village, Gadivemula (M), Kurnool (D)", 15)678/2017-18 dated 12-01-2018 for the work of "Repairs and strengthening of Ayacut road from Chindukuru (V) to Karimaddela (V) from km 0.000 to km 3.500 near Chindukuru Village, Gadivemula (M), Kurnool (D)", 16) 694/2017-18 dated 12-01-2018 for the work of "Repairs and strengthening of Ayacut road from Tirupadu village to Yerraguntla village from km 0.000 to km 3.000 near Tirupadu Village, Gadivemula (M), Kurnool (D) all entered with the 3rd respondent, forthwith, pending disposal of the above writ petition and pass…” 02. It is the contention of the petitioner that he is entitled to a total amount of Rs.11,26,199/- towards 7.5% of the withheld amount and that even though the respondents admitted that the petitioner is entitled to the amounts, 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, KC Canal Division, Nandyal, issued vide Lr.No.EE/KCC/NDL/GB/A3/NC/217M dated 22.02.2025, stating that the above work bills are under process in CFMS for payment and after finalizing, the bills would be transmitted to Assistant Pay and Accounts Officer, Nandyal, for payment to the petitioner. 04. In view of the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation, 5 W.P.No.28388 of 2024 this Writ Petition is allowed with a direction to the respondents to release the total amount of Rs.11,26,199/- (Eleven Lakh Twenty Six Thousand One Hundred Ninety Nine 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 24.02.2025 GRL 6 W.P.No.28388 of 2024 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 28388/2024 Date: 24.02.2025 GRL 7 W.P.No.28388 of 2024 71,338 71,289 71,336 71,341 71,365 71,240 71,341 71,168 71,025 71,317 71,377 71,338 71,356 64,697 67,321 67,350 =11,26,199