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2025 DAILYLAW 4738 (AP)

V MOSHE BABU v. THE STATE OF AP

WP/2137/2025 · 2025-02-24

B S Bhanumathi

body2025

Judgment text

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APHC010036592025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the Twenty fourth day of February, Two Thousand Twenty Five The Honourable Writ Petition No.2137 of 2025 Between: V Moshe Babu The State of AP and others Counsel for the petitioner: 1. Narasimha Rao Gudiseva Counsel for the respondents: 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 order writ or direction more particularly one in the nature of writ of respondents in not paying the bill amount to the Rs.34,76,865/ (Thirty Four Lakhs Seventy Six Thousand Eight Hundred and Sixty Five Rupees Only executed by the petitioner i annual weed free maintenances and 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.2137 of 2025 ...Petitioner AND The State of AP and others ...Respondents Counsel for the petitioner: Narasimha Rao Gudiseva Counsel for the respondents: GP for Irrigation and CAD GP for Finance Planning The Court made the following Order: This writ petition is filed seeking the following relief: to issue an order writ or direction more particularly one in rit of mandamus declaring the action of the espondents in not paying the bill amount to the petitioner i Thirty Four Lakhs Seventy Six Thousand Eight Hundred and Sixty Five Rupees Only) in respect of the works etitioner i.e., removal of weed O & M, such as nnual weed free maintenances and desilting of branch channels [3311] Monday, the Twenty fourth day of February, ...Petitioner ...Respondents to issue an order writ or direction more particularly one in andamus declaring the action of the etitioner i.e., Thirty Four Lakhs Seventy Six Thousand Eight in respect of the works such as, esilting of branch channels 2 W.P.No.2137 of 2025 within Kruthivennu Section, Bantumilli Section and Cowtharam Section, which is illegal, arbitrary, malafidy (sic malafide) 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.34,76,865/- (Rupees thirty four lakhs seventy six thousand eight hundred and sixty five 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, learned Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer, Drainage Division, Nellore vide Letter No.EE/KE/VJA/AB/A3/318M dated 22.02.2025. He submitted that the bills had not been uploaded due to lack of LOC. 04. It is pertinent to mention that the petitioner claimed Rs.34,76,865/- whereas in the written instructions the gross amount payable to the petitioner is shown as Rs.35,24,000/-. 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.34,76,865/-(Rupees thirty four lakhs seventy six thousand eight hundred and sixty five only) to the petitioner, within a period of two (02) months from 3 W.P.No.2137 of 2025 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. 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.2137 of 2025 291 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:2137 of 2025 Date: 24.02.2025 GRL