Extracted from the PDF above. The PDF is authoritative.
APHC010591972024
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: 30948/2024 Between: Mandalapu Gandhi Chowdary ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. K V ADITYA CHOWDARY 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.30948 of 2024
ORDER:
This writ petition is filed seeking the following relief:
“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding payment of bill amount Rs.14,68,230/- for 2 works to the petitioner i.e., 1)Rs.6,46,997/- for the Agreement No.500 DN/2018-19 and 2)Rs.8,21,233/- for the Agreement No.501 DN/2018-19 to the petitioner as illegal, arbitrary, discriminatory, contrary and violation of principle of natural justice and consequently direct the respondents to pay the total bill amount of Rs.14,68,230/- for 2 works (along with interest @24%) to the petitioner, 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, Irrigation Division, Ongole, Prakasam District, issued vide letter No.EE/ID/OGL/APILIP/DB/TO/1276M, dated 28.12.2024. He further submitted that the bills would be uploaded within 15 days and that if the funds are available, within three months, payment would be made to the petitioner. 3 W.P.No.30948 of 2024
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.14,68,230/- (Fourteen Lakh Sixty Eight Thousand Two Hundred Thirty 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. 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: 27.01.2025 NSM
4 W.P.No.30948 of 2024
75 HON’BLE Ms. JUSTICE B.S.BHANUMATHI
WRIT PETITION NO: 30948/2024
Date: 27.01.2025 NSM