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2025 DAILYLAW 4479 (AP)

B NAVEEN v. THE STATE OF ANDHRA PRADESH

WP/3356/2025 · 2025-02-24

B S Bhanumathi

body2025

Judgment text

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APHC010033752025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the Twenty Two Thousand Twenty Five The Honourable Ms.Justice B.S.Bhanumathi WRIT PETITION NO: Between: B.Naveen and The State of Andhra Pradesh and others Counsel for the petitioner: 1. Annamneedi Balakrishna Counsel for the respondent 1. GP for Irrigation and CAD 2. GP for Finance Planning The Court made the following This writ petition is filed seeking the following relief: “...to issue an appropriate particularly one in the nature of inaction on part of the respondents herein not releasing t bills amount worth of Rs for the work of “formation of in Alamuru Section in G Dt.28.02.2023, in M.B for the work of “formation of IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday, the Twenty Fourth Day of February, Two Thousand Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi WRIT PETITION NO: 3356/2025 ...Petitioner The State of Andhra Pradesh and others ...Respondents etitioner: Annamneedi Balakrishna Counsel for the respondents: GP for Irrigation and CAD lanning 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 total final bills amount worth of Rs.9,00,000/-,i.e., 1) Amount Rs.4,00, ormation of cross bunds on medium & minor d in Alamuru Section in G.E Delta vide its agreement No.74/22 .Book No.2463A, 2) Amount of Rs.1,00, ormation of cross bunds on medium & minor d [3311] ...Petitioner ...Respondents rder or direction more andamus declare the otal final ,000/- drains 74/22-23, ,000/- drains 2 BSB,J W.P.No.3356 of 2025 in drainage Section No.1, Ramachandrapuram in G.E Delta” vide agreement No.72/22-23 Dt.28-02-2023 in M.Book No.2453A, 3) Amount Rs.2,00,000/- for the work of “formation of cross bunds on machara medium drains in drainage section No.1, Ramachandrapuram in G.E Delta” vide its agreement No. 75/2022- 23, Dt.28.02.2023 in M.Book No.2453A, 4) Amount Rs.2,00,000/- for the work of “formation of cross bunds on medium & minor drains in drainage section No.2, Ramachandrapuram in G.E Delta” vide its agreement No.76/2022-23 Dt.28.02.2023 in M.Book No.2455A works under Irrigation department as per agreement, to the 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 & 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs 9,00,000/- for execution of completion of works under Irrigation Department in Drainage Division as per agreement to the petitioner forthwith and passother order or orders....” 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 representing the respondents, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer(FAC), Drainage Division, Pragathi Bhavan, Kakinada vide letter No.EE/DD/KKD/DB/ATO/F.CC/135M dated 15.02.2025. He submitted that the bills are under process for release of LOC and that soon after release of 3 BSB,J W.P.No.3356 of 2025 the LOC from the government; the bills would be processed for arranging payment. 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.9,00,000/- (Rupees nine lakhs 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. 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. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 24.02.2025 GRL 4 BSB,J W.P.No.3356 of 2025 285 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:3356 of 2025 Date: 24.02.2025 GRL 5 BSB,J W.P.No.3356 of 2025