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High Court of Andhra Pradesh · body

2025 DAILYLAW 44354 (AP)

P SRINIVAS RAJU v. THE STATE OF AP

WP/14828/2024 · 2025-04-16

Sumathi Jagadam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010283462024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) j- 4^ Mr k O THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE Ooo PRESENT THE HONOURABLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 14828 OF 2024 Between: P. Srinivas Raju, S/o. Venkata Satyanarayana Raju, aged about 50 Years Occ: Contractor, R/o. D.No.2-76, Dharmaraopeta (V), Koyyalagudem (M), West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Engineer In Chief, Polavaram Irrigation Project, Governmentof Andhra Pradesh, West Godavari District. 3. The District Collector, Eluru Dist. Eluru (earlier West Godavari District,) 4. The Superintendent Engineer, PIPRMC Circle, Eluru, Eluru Dist. (earlier West Godavari District,) 5. The Executive Engineer, PIPRMC Division-IV, Eluru, Eluru Dist.(earlier West Godavari District,) 6. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, 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 to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs. 14,99,457/- (including price adjustment) with interest to the petitioner for execution of the ^ work even though total work was executed and completed by the petitioner as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India % and consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 14,99,457/- (including price adjustment) with interest to the petitioner forthwith. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release and pay the bill amounts worth of Rs. 14,99,457/- (including price adjustment) with interest to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: Ms. SAMEERA BOKKA Counsel for the Respondent Nos.1 to 5 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent No.6 : GP FOR FINANCE PLANNING The Court made the following: ORDER APHCOI 0283462024 r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 14828/2024 Between: P Srinivas Raju ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner; 1.SAMEERA BOKKA Counsel for the Respondent(S): 1.GPFORIRRI AND CAD 2.GP FOR FINANCE PLANNING ...RESPONDENT(S) 2 The Court made the following order: This Writ Petition is filed seeking the following relief: pleased to issue a Writ, Order or direction particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein not releasing and pay the bill amounts worth of Rs.14,99,457/- including price adjustment with interest to the petitioner for execution of the work even though total work was executed and completed by the petitioner illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequentially to direct the respondents to release and pay the bill amounts worth of Rs.14,99,457/- including price adjustment with interest to the petitioner forthwith and to pass...” more as 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 payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 2. non- On the other hand, learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, fairly submitted that the administrative approval was not accorded till date, and after obtaining necessary approvals from the competent authority, necessary action would be taken in due course and the payment would be made to the petitioner. 3. 4. In view of the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.14,99,457/- (Rupees Fourteen Lakhs Ninety Nine Thousand Four Hundred Fifty Seven Only) to the petitioner, along with the interest as per the entitlement vide the judgment of a Division Bench 3 of this Court in Writ Appeal No.724 of 2021 and batch 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 5. forum. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, ^ SECTION OFFICER 2. The Engineer In Chief, Polavaram ^^^tur District. 3. Andhra 4. The SuperintenSEn^ghiee?'C'®’’,®''Godavari West Godavari District) Circle, Eluru - ’ OM.n.,V 8. Two CCs^to GP forTrS'^°*^*^w [OPUC] 9. Cccmo'^gpI'^"'^ Command Area Development [OUT] High Court of Andhra Pradesh jO. Two CD Copies ' District,) Eluru Dist. (earlier Eluru, Eluru Dist.(earlier High Court at Amaravati Cnr 1 HIGH COURT DATED: 17/04/2025 ORDER WP 14828/2024 1 k Jill 2025 ^ . Current Section X m to 09 disposing of WITHOUT COSTS THE W.P.