M/s. Udayam Constructions, v. THE STATE OF ANDHRA PRADESH
WP/1470/2025 · 2025-02-17
B S Bhanumathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4143 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4143 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010028482025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1470/2025 Between: M/s. Udayam Constructions, The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
2. GP FOR FINANCE PLANNING The Court made the following Order:
This writ petition is filed seeking the following relief:
“...
to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.7,96,155/ 24, Dt.l7.05.2023, with interest of execution and completion of O M Protection and formation of right bank of Palavagu channel at Yedavalli village under Water Resource Department as per agreement to the 1 W.P.No.1470 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1470/2025 M/s. Udayam Constructions, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S):
GP FOR IRRI AND CAD GP FOR FINANCE PLANNING Court made the following Order: This writ petition is filed seeking the following relief:
to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.7,96,155/- vide its agreement No.43/2023 7.05.2023, with interest of execution and completion of O M Protection and formation of right bank of Palavagu supply channel at Yedavalli village in Lingapalem mandal in Eluru district under Water Resource Department as per agreement to the 1470 of 2025
[3311]
...PETITIONER ...RESPONDENT(S) to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declare the inaction on part of the respondents herein not releasing the final vide its agreement No.43/2023- 7.05.2023, with interest of execution and completion of O & supply istrict under Water Resource Department as per agreement to the
2 W.P.No.1470 of 2025
petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal,arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs 7,96,155/- for execution of completion of O & M works under Water Resource Department as per agreement to the petitioner 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, learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer, Irrigation Division, Eluru vide Letter No.EE/ID/Eluru/DB/JTO/F.Court Case, dated 25.01.2025. He submitted that the bill was not uploaded in the CFMS portal due to insufficient budget in the mentioned head of account. 04. In view of the submissions of the learned counsel for the petitioner and the learned Government Pleader for Irrigation, this Writ Petition is allowed with a direction to the respondents to release the amount of Rs.7,96,155/-(Rupees seven lakhs ninety six thousand one hundred and fifty five 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. There shall be no order as to costs. 3 W.P.No.1470 of 2025
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 17.02.2025 GRL
4 W.P.No.1470 of 2025
226
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:1470 of 2025
Date: 17.02.2025 GRL