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2025 DAILYLAW 4377 (AP)

Ch. Chandrasekhar, v. The State of Andhra Pradesh,

WP/1694/2025 · 2025-02-17

B S Bhanumathi

body2025

Judgment text

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APHC010031172025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the Seventeenth day of February, Two Thousand Twenty Five The Honourable Ms Justice B.S.Bhanumathi Writ Petition No.1694/2025 Between: Ch.Chandrasekhar AND The State of Andhra Pradesh and others Counsel for the Petitioner: 1. K.N.Krishna Kumar Counsel for the Respondent(S): 1. GP for irrigation Commercial 2. GP for finance planning The Court made the following This writ petition is filed particularly one in the nature of respondents in not paying with deposit (FSD) amounts and preparing final bill in respect of the work executed by the petitioner i l) Amount of Rs.6,65,391/- channel and its branches under cowtharam section for the year 2023 under agreement No. 36/2023 amount of Rs.9,34,382/- in respect of the work executed by the petitioner i.e., removal of weed on lower pulleru IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday, the Seventeenth day of February, wo Thousand Twenty Five Present The Honourable Ms Justice B.S.Bhanumathi Writ Petition No.1694/2025 ...Petitioner The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioner: Counsel for the Respondent(S): ommercial Area Development GP for finance planning The Court made the following Order: This writ petition is filed to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring inaction of the respondents in not paying with held amounts, GST amounts, further amounts and earnest money deposit (EMD) amounts by preparing final bill in respect of the work executed by the petitioner i /- O and M to removal of weed on konkepadu channel and its branches under cowtharam section for the year 2023 36/2023-24 dated 17.07.2023 and II) final bill of in respect of the work executed by the petitioner eed on lower pulleru and batumilli canals and their allied [3311] ...Petitioner ...Respondents issue a writ order or direction more inaction of the urther security amounts by preparing final bill in respect of the work executed by the petitioner i.e., eed on konkepadu channel and its branches under cowtharam section for the year 2023-24 final bill of in respect of the work executed by the petitioner and batumilli canals and their allied 2 W.P.No.1694 of 2025 works under cowtharam section for the year 2023-24 under agreement No. 42/2023-24 Dated 25.07.2023 as illegal, arbitrary, malafide against to the principles of natural justice, contrary to law and in violation of Article 14,21 and 19(g) of the Constitution of India in the interest of justice. 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 Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer, FAC Krishna Eastern Division, Vijayawada vide Letter No.EE/KE/VJA/AB/A3/293M, dated 15.02.2025. He submitted that bills are not uploaded due to lack of LOC. 04. It is pertinent to mention that the petitioner claimed Rs.15,99,773/-, whereas in the written instructions the gross amount payable to the petitioner is shown as Rs.18,89,000/-. As such, in view of the claim made by the petitioner, the Order is limited to the amount claimed by the petitioner. But this Order does not disentitle the petitioner for higher amount, if he is so entitled. 05. 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.15,99,773/- (Rupees fifteen lakh ninety nine thousand seven hundred and seventy three only) to the petitioner, 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. 3 W.P.No.1694 of 2025 There shall be no order as to costs. 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.1694 of 2025 243 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:1694 of 2025 Date: 17.02.2025 GRL 5 W.P.No.1694 of 2025