\ •K K IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHlX^HO^/^ WRIT PETITION NO: 1571 DF 2025 T Between: o Narapu Reddy, aged about 52 Ldan Bommepalli Village, Jammalamadugu Mandal YSR Kadapa District, Andhra Pradesh - 516 434. ...Petitioner AND R®P- Py its Special Chief Secretary and DenaZentrq Department (Water Resources Department), Secretariat Buildings, Velagapudi, Amaravati District. Guntur 2. The State of Andhra Pradesh, Rep. by its Principal Secretary ArravTcl^rrcf' ^ u Director, Andhra Pradesh Integrated Irrigation Agriculture Transformation Project (APIIATP), and Special Commissioner, CADA, Water Resources Department Bhavan, Hanumanpet, Vijayawada - 520 003. 4. The District Collector and Chairman DLIC, Kurnool ^Jayawa'da^^R oisTricr Nand^yal™' W R Deptt., Kurnool, H.Q., arclfrs"Rna'!f".^^"®'T®;' ""'^^R^^rirces Department, Irrigation '-ircle, R.S. Road, Kurnool, Kurnool District - 518 004 8. The Executive Engineer, M.l. Division, Nandyal. 9. The Deputy Executive Engineer, Andhra Pradesh and Agriculture Transformation Project (APIIATP). and 3rd Floor, Vysya District. Integrated Irrigation 10. The Deputy Executive Engineer, M.l. Sub-Division Dhone. Accounts Officer, Works and Accounts, l 52, Manasa Complex, Rama Mandiram Street, Governorpet Vijayawada, NTR District. v«inorpei. , D.No. 29-2- • 12. An Director of Works Accounts, The Joint Director Accounts, Kadapa, Kadapa District, Nandvll’SRRO Accounts, O/o. Nandyal, SRBC Colony, Administrative Building, Nandyal Nandval District (erstwhile Kurnool District). uiiuyai, ivanayal of Works 13.' ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a direction or order may more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not releasing the pending L.S. II and Final bill pertaining to Measurement Book Number and Final Bill) in relation to the work amount of Rs. 13,24,332/- vide M-Book No.2762 Ml (LS II executed i.e.. Rehabilitation of Udumulapadu Ml Tank (Independent) in Udumulapadu Village Mandal in in Dhone Kurnool District No.SE/IC/KNL/04/2 021-2022, Dt. illegal, arbitrary, violative of under APIIATP vide Agreement 11.06.2021 is questioned as the same is principles of natural justice, violative of provisions of Clause 68 of the Andhra Standard Specification and Pradesh Detailed Preliminary and 300- A of consequently direct the Respondent Authorities pay the sa,d pending LS II and Final bill amount with interest at the rate of caused in paying the same to the -mentioned work forthwith. violative of Articles 14 21 Constitution of India and to 24 percent per annum for the delay petitioner in respect of execution of above LA NO: 1 OF 2n9fi Petition under Section 151 CPC praying that in the circumstances s ated in the affidavit filed in support of the petition, the High Court may be P eased to direct the Respondent Authorities to pay the pending L.S. II and Final bill amount of Rs. 13.24,332/- payable to the petitioner herein with interest till date per the Measurement Book Number vide as M-Book No.2762 Ml (LS II and Final Bill) in relation to the work executed i.e., Rehabilitation of Udumulapadu Ml Tank (Independent) in Udumulapadu Village in Dhone Mandal in Kurnool District under APIIATP vide Agreement No.SE/IC/KNL/0 4/2021-2022, Dt.11.06.2021 pending disposal of this writ petition. Counsel for the Petitioner: SRI RAMESH BABU TATAPUDI Counsel for the Respondents: GP FOR IRRI AND CAD Counsel for the Respondents: GP FOR FINANCE & The Court made the following order: PLANNING APHC010027052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY JHE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1571/2025 Between: M Jagan Mohan Reddy ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1.RAMESH BABU TATAPUDI 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.1571 Of Order: This writ petition is filed seeking the following relief: “...may be pleased to issue a direction or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not releasing the pending L.S. II and Final bill amount of Rs. 13,24,332/- pertaining to Measurement Book Number vide M-Book No.2762 Ml (LS II and Final Bill) in relation to the work executed i.e. Udumulapadu Ml Tank (Independent) in Udumulapadu Village in Dhone Mandal in Kurnool District under APIIATP” vide Agreement No.SE/IC/KNL/04/2021-2022, Dt: 11.06.2021 is questioned as the same is illegal, arbitrary, violative of principles of natural justice, violative of provisions of Clause 68 of the Andhra Pradesh Detailed Preliminary Standard Specification and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent Authorities to pay the said pending LS II and Final bill amount with interest at the rate of 24% per annum for the delay caused in paying the same to the petitioner in respect of execution of abovementioned work forthwith and to pass such...” Rehabilitation of 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. . 02. On the other hand, the learned Assistant Government Pleader for 03. Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer, W.R.D, M.l. Works dated 25.01.2025 M Division, Nandyal, issued vide Lr.No.F-N-10/TW/TO/60 and submitted that the bills are pending for fund clearance. w 3 W.P. No.l571of 2025 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. 13,24,332/- (Thirteen Lakh Twenty Four Thousand Three Hundred Thirty Two 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. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. 06. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER Department (VVatefReMureeTDrpTrtm^' ''''''SaHon and CAD secretariat B-c-esd, Andhra State of District. ^eci^etanat Buildings, Velagapudi, Amaravati, Guntur Agriculture'rSo^m'ation Project (APnA?P)'’*®T<!®‘^ legation Commissioner, CADA Watpr Rocn Special Bhavan, Hanumanpet,’Vijayawada "52*0 4. The District Collector and Chairman and DLIC, Kurnool District. 5. The Chief Engineer. Minor Irrigation Vijayawada, NTR District. 6. The District Project Director, APIIATP Nandyal. Water Resources Department, W.R.Deptt., Kurnool, H.Q., 8. The Executive Engineer, M.l. Division, Nandyal The Deputy Executive Engineer, M.l. Sub-Division, Dhone. no AA Accounts Officer, Works 52, Manasa Complex, Rama Mandiram Vijayawada, NTR District. 10. 11. and Accounts, D.No. 29-2- Street, Governorpet, 12. a.. T® Works Accounts Accounts, Kadapa, Kadapa District The Joint Director of Works 13. The Assistant Pay and Accounts Officer Nandyal, SRBC Colony, Administrative District (erstwhile Kurnool District). Works Accounts, 0/a. Building, Nandyal, Nandyal 14. One ec to Sri Ramesh Babu Tatapudi, Advocate [OPUC] PradesMO^UT^ “f Andhra 15. 16. PradesMo'Lrl ® High Court of Andhra 17. Two CD Copies RAM HIGH COURT DATED:17/02/2025 ORDER WP.No.1571 of 2025 ALLOWING THE WP WITHOUT COSTS