IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 9224 OF 2024 Between: Ganesh Sai Constructions, Rep by its Managing Partner, Thokala Ramanaidu, S/o. Kondaiah, Aged 41 Years, R/o. D.No.5-165, Mopadu Village, Kandukur Mandal, SPSR Nellore District.(Erstwhile Prakasarn District) ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Water Resources Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Chief Engineer, Minor and Medium Irrigation, Vijayawada, N.T.R District. 3. Superintending Engineer, Irrigation Circle at Ongole, Prakasarn District. 4. Executive Engineer, Irrigation Division, Ongole, Prakasarn District. 5. Pay and Accounts Officer, Works and Projects, Ongole, Prakasarn District. 6. Deputy Executive Engineer, Irrigation Sub-Division, Kandukur, SPSR Nellore District. (Erstwhile Prakasarn District). 7. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance and Planning Department, Secretariat Velagapudi, Amaravati, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not releasing the Final Bills an amount of Rs. 25,67,627/- for the works executed by the petitioner pursuant to M-Book No. 1333 connected agreement bearing No. 6SE/2021-22 dated. 21.05.2021 for the work i Repair Renovation and Restoration of Pokuru Tank of Pokuru Village Palem Mandal of SPSR Nellore District. (Erstwhile Prakasam District) PMKSY- FIKKP-RRR Scheme, as illegal, irregular, irrational, amounts to discharge of legal obligation conferred on them and under Articles 14 and 2'! of Constitution of India and consequently direct the respondents to the amount of Rs. 25,67,627/- along with interest 12% delayed amount/to the petitioner for the said works to the i.e.. in V.V. under non pay per annum for the executed by the petitioner. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the amount of Rs. 25,67,627/- to the petitioner forthwith in respect of the works executed by the petitioner pursuant to M-Book No. 1333 connected to the agreement bearing No. 6SE/2021-22 dated. 21.05.2021 for the work i.e.. Repair Renovation and Restoration of Pokuru Tank of Pokuru Village in V.V. Palem Mandal of SPSR Nellore District. (Erstwhile Prakasam District), under PMK RRR Scheme, pending disposal of the main writ petition. -HKKP- Counsel for the Petitioner: M/s. NIMMAGADDA REVATHI Counsel for the Respondent Nos.1 to 4 & 6: GP FOR IRRIGATION & CAD Counsel for the Respondent Nos.5 & 7:GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010161512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) K0s [3311] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 9224/2024 Between; ...PETITIONER Ganesh Sai Constructions AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.NIMMAGADDA REVATHl Counsel for the Respondent(S): 1.GP FOR IRRIGATION COMM AREA DEV 2.GP FOR FINANCE PLANNING (AP) The Court made the following: 2 W.P.No.9224 of 2024 ORDER: This writ petition is filed seeking the following relief: “...to issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of respondents in not releasing the final bills for an amount of Rs.25,67,627/- for the works executed by the petitioner pursuant to M-Book No. 1333 connected to the agreement NO.6SE/2021-22 dated 21.05.2021 for the work i.e., bearing , renovation and restoration of Pokuru Tank of Pokuru repair Village in V.V. Palem Mandal of SPSR Nellore District. District), under PMKSY-HKKP-RRR (erstwhile Prakasam illegal, irregular, irrational, amounts to non scheme, as discharge of legal obligation conferred on them and under and 21 of Constitution of India and consequently Articles 14 direct the respondents to pay the amount of Rs.25,67,627/- along with interest @12 percent per annum for the delayed amount to the petitioner for the said works executed by the petitioner and pass... of the petitioner that even though the It is the contention respondents admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends that such non- is clearly arbitrary and high-handed, requiring the 02. I 1 payment of money interference of this Court. On the other hand, the learned Assistant Government Pleader for about the claim of the petitioner, placed on received from the Executive Engineer, Irrigation 03. Irrigation, while admitting record instructions i _ Division, Ongole, Prakasam District, issued vide Lr.No.EE/ID/OGL / 3 W.P.No.9224of 2024 RRR/DB/TO/47''^ dated 04.01.2025. He further submitted that the bill is pending for release of budget by the government. 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.25,67,627/- (Twenty Five Lakh Sixty Seven Thousand Six Hundred Twenty Seven 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. 04. 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. 06. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// p.. SECTION OFFICER To, 1. The Principal Secretary to Government, Water Resources Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Chief Engineer, Minor and Medium Irrigation, Vijayawada, N.T.R District. 3. Superintending Engineer, Irrigation Circle at Ongole, Prakasam District. 4. Executive Engineer, Irrigation Division, Ongole, Prakasam District. 5. Pay and Accounts Officer, Works and Projects, Ongole, Prakasam District. % 6. Deputy Executive Engineer, Irrigation Sub-Division, Kandukur, SPSR Neliore District. (Erstwhile Prakasam District). 7. The Principal Secretary to Government, Finance and Planning Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 8. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] 9. Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] 10. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 11. Three CD Copies. ssb HIGH COURT DATED:27/01/2025 ORDER WP.No.9224 of 2024 ALLOWING THE W.P. WITHOUT COSTS