IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HON’BLE MS JUSTICE B. S. BHANUMATHI WRIT PETITION NO: 30554 OF 2024 Between: Linqareddy Srinivasula Reddy, S/o. Govinda Reddy, Age 42 years, R/o. Machavaram P.O., Kandukuru mandal Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretaiy _ Department of Finance ^n^ Planning, Secretariat, Amaravathi, Guntur District. 2. Executive Engineer, Q.C Division, Irrigation Department, Ongole Prakasam District.v^ 3. Deputy Executive Engineer, Irrigation Department, Q.C. Sub-Division No 1, Ongole, Prakasam District 4. Assistant Executive Engineer, Irrigation Department, Ongole Prakasam District. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irriga\i6^i Department, Secretariat, Amaravathi, Guntur District, ...respondeKftsT 22^^the Constitution of India praying that in Petition under Article the circumstances stated in the affidavit filed therewith, the High Court may writ of mandamus or any other appropriate writ or the action of the Respondents in with holding the be pleased to issue a direction declaring undisputed amounts payable to the petitioner in respect of work i.e. Repair, of Dulala Ml Tank at Chimidthipadu Village, renovation and registration Gudluru Mandal, Prakasam District as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed amount of Rs. 13, 20,110/- payable to the petitioner in respect of execution of subject work, with an interest @ 12% p.a. from the date of accepting the bills forthwith. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay undisputed amounts of 13,20Vf^0/- payable to the petitioner in respect of work i.e. Repair, renovation and registration of Dulala Ml Tank at Chimidthipadu Village , gudluru Mandal, Prakasam District, with an interest @ 12 % p.a. from the date of accepting the bills forthwith pending disposal of the Writ Petition ■ u Counsel for the Petitioner : Ms. GRANDHI PRIYANKA Counsel for the Respondent No.1 : GP FOR FINANCE AND PLANNING , Counsel for the Respondent Nos.2 to 4 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT The Court made the following: ORDER ils = «■ ■// APHC010581672024 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: 30554/2024 Between: Lingareddy Srinivasula Reddy -PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner; 1.GRANDHI PRIYANKA Counsel for the Respondent(S): 1.GP FOR IRRIGATION COMM AREA DEV 2.GP FOR FINANCE PLANNING The Court made the following: -fllL.WWJHig 2 W.P.No.30554 of 2024 This writ petition is filed seeking the following relief: “...to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in withholding the undisputed amounts payable to the petitioner in respect of work i.e. repair, renovation and registration of Dulala Ml Tank at Chimidthipadu Village, Gudluru Mandal, Prakasam District as illegal arbitrary and contrary to the principles of natural justice and consequently direct the respondents to pay undisputed amount of Rs. 13,20,110/- payable to the petitioner in respect of execution of subject work, with an interest @ 12% p.a. from the date of accepting the bills forthwith and 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, Irrigation Division, Ongole, Prakasam District, issued vide letter No.EE/ID/OGL/RRR/DB/TO/1236'^, dated 21.12.2024. He further submitted that the bill was pending due to lack of budget. 04. In view of the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation, 3 W.P.No.30554 of 2024 this Writ Petition is allowed with a direction to the respondents to release the amount of Rs. 13,20,110/- (Thirteen Lakh Twenty Thousand One Hundred Ten Rupees only) to the petitioner, along with the interest 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. 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 PRABHAKAR RAO ASSISTANT REGISTRAR 6ffi^r 1. The Principal Secretary, Department of Finance and Planning State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. 2. The Executive Engineer, Q.C Division Ongole, Irrigation Department Prakasam District. 3. The Deputy Executive Engineer, Q.C. Sub-Division No 1 Onqole Prakasam District ’ 4. The Assistant Executive Engineer, Irrigation Department Prakasam District. 5. The Principal Secretary, Irrigation Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. 6. One CC to Ms Grandhi Priyanka, Advocate [OPUC] 7. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Irrigation and Command Area Development Hiah Courtof Andhra Pradesh [OUT] ’ 9. Three C.D. Copies //TRUE COPY// S To, Ongole Cnr HIGH COURT DATED:27/01/2025 ORDER WP.No.30554 of 2024 g 21 FEB 2025 o\ 6»/y ^ * Current Section . ^ ALLOWING THE W.P. WITHOUT COSTS