APHC010548532024 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: 28693/2024 Between: Sri Kethi Krishna Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V SAI KUMAR 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.28693 of 2024 ORDER: This writ petition is filed seeking the following relief: “…to issue an appropriate writ or order or a direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents, in non-payment of amount due to me even after finalizing the bills, payable to me in relation to the works executed by them under (1) Repairs to masonry to Kothachenu kalva near Lakshmipuram of Rebala Village in Buchireddypalem Mandal, SPSR Nellore District vide Agreement No.3230&M/DN/2021-22 (Agt.Value of Rs.8,39,351/-) and (2) Temporary restoration of 3rd Mile L.B Minor channel near Lakshmipuram of Rebala Village in Buchireddypalem Mandal, SPSR Nellore District vide Agreement No.1119 FDR/2021-22 (Agt.Value of Rs.25,82,215/-) as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amount due to the petitioner in respect of execution of works forthwith and to 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, WRD, Nellore Central Division, Nellore, vide Lr.No.AB/A3/NC Court case/, dated 3 W.P.No.28693 of 2024 04.01.2025. He further submitted that LOC is not allotted to the works mentioned in the writ petition and that after release of LOC, bills will be submitted to payment. 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.8,39,351/- (Eight Lakh Thirty Nine Thousand Three Hundred Fifty One only) with respect to work No.1 and Rs.25,82,215/- (Twenty Five Lakh Eighty Two Thousand Two Hundred Fifteen Rupees only) with respect to the work No.2, as mentioned in the relief of the writ petition 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.28693 of 2024 168 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 28693/2024 Date: 27.01.2025 NSM