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2025 DAILYLAW 4720 (AP)

G NAGENDRAM v. THE STATE OF AP

WP/2134/2025 · 2025-02-24

B S Bhanumathi

body2025

Judgment text

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APHC010036632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Twenty Fourth day of February, 2025 PRESENT The Honourable Ms Justice B.S.Bhanumathi WRIT PETITION NO: 2134/2025 Between: G Nagendram ...PETITIONER AND The State of A.P. and others ...RESPONDENT(S) Counsel for the Petitioner: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 2 W.P.No.2134 of 2025 ORDER: This writ petition is filed seeking the following relief: “…to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the bill amount to the petitioner i.e., Rs.8,00,021/- (eight lakhs twenty one Rupees only) in respect of the work executed by the petitioner i.e., O&M such as annual weed free maintenances of Bantumilli Main Canal from KM 66.600 to KM 71.350 for the year 2022-23, which is illegal, arbitrary, mala fide, against to the principles of natural justice, contrary to law and in violation of Article 14, 19(g) and 21 of the Constitution of India and consequently direct the Respondents to pay the contract bill amount i.e., Rs.8,00,021/- (eight lakhs twenty one Rupees only) for the works executed by the petitioner forthwith in the interest of justice 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, the learned Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer, Krishna Eastern Division, Vijayawada issued vide Lr.No.EE/KE/VJA/AB/A3/250M dated 01.02.2025 and submitted that bill is not uploaded in CFMS due to lack of LOC. 3 W.P.No.2134 of 2025 04. It is pertinent to mention that the petitioner claimed Rs.8,00,021/-, whereas in the written instructions the bill amount is shown as Rs.7.07 lakhs. As such, the Order is limited to the amount admitted by the respondents. But this Order does not disentitle the petitioner for higher amount, if 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.7,07,000/- (seven lakh seven thousand Rupees 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. There shall be no order as to costs. 06. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 24.02.2025 GRL 4 W.P.No.2134 of 2025 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 2134/2025 Date: 24.02.2025 GRL