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2025 DAILYLAW 35501 (AP)

V VIJAYA CHANDRA REDDY v. THE STATE OF AP

WP/29764/2024 · 2025-02-10

B S Bhanumathi

body2025

Judgment text

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APHC010566082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Tenth day of February, 2025 Present The Honourable Ms Justice B.S. Bhanumathi Writ Petition No: 29764/2024 Between: V Vijaya Chandra Reddy ...Petitioner and The State of AP and others ...Respondent(s) Counsel for the Petitioner: 1. Nimmagadda Revathi 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.29764 of 2024 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 non-payment of amounts Rs.15,38,942/- due for the last four years even after finalizing the bills, payable to the petitionerafter the successful completion of the execution of different irrigation works i.e., “Improvement to Gandinagaram Channel L/S from 0.10 to tailend near Gumparamandinne Village, Sirvella Mandal and Repairs to Ayacut Road from W.Kottapalli Village to Fields near Kudaravagu in Dornipadu Mandal of Nandyal District (Erstwhile Kurnool District)” under “Neeru-Chettu programme duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amounts due to the petitioner in respect of execution of said 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, W.R.D, K.C. Canal Division, Nandyal, issued vide Lr.No.EE/AB/F/30M, dated 09.01.2025 and submitted that the bill is under process. 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 3 W.P. No.29764 of 2024 allowed with a direction to the respondents to release the amount of Rs.15,38,942/- (Fifteen Lakh Thirty Eight Thousand Nine Hundred Forty Two 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. 05. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 10.02.2025 SCH 4 W.P. No.29764 of 2024 190 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 29764/ 2024 Date: 10.02.2025 SCH