APHC010050412025 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: 2789/2025 Between: K.Krishna Prasad ...PETITIONER AND The State of A.P. and others ...RESPONDENT(S) Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA 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.2789 of 2025 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 the total final bills amount worth of Rs. 46,64,655/-, 1) Armount of Rs.6,21,749/-, along with 18% GST for the work of Annual Maintenance towards removal of weed growth from Amalapuram major drain from km 11.00 to km 15.40 in G.C. Delta for the year 2024-25" vide its Agreement No. 83/2024-25, Dt:04.11.2024, 2) Amount of Rs.7,14,987/-, along with 18% GST for the work of "Annual Maintenance towards removal of weed growth from Kummaricalva major drain from km 3.00 to km 11.40 in G.C. Delta for the year 2024-25" vide its Agreement No. 84/2024-25, Dt:04.11.2024, 3) Amount of Rs.6,16,820/-, along with 18% GST for the work of "Annual Maintenance towards removal of weed growth from Vasalatippa major drain from km 1.00 to km 5.00 in G.C. Delta for the year 2024-25" vide its Agreement No. 85/2024- 25, Dt:04.11.2024, 4) Amount of Rs.6,45,493/-, along with 18% GST for the work of "Annual Maintenance towards removal of weed growth from Vasalatippa major drain from km 5.20 to km 12.00 in G.C. Delta for the year 2024-25" vide its Agreement No. 86/2024-25, Dt:04.11.2024 5) Amount of Rs.6,76,692/-, along with 18% GST for the work of "Annual Maintenance towards removal of weed growth from Vasalatipaa major drain from km 12.20 to km 20.40 in G.C. Delta for the year 2024-25" vide its Agreement No. 87/2024-25, Dt:04.11.2024, 6) Amount of Rs.7,15,335/-, along with 18% GST for the work of "Annual Maintenance towards removal of 3 W.P.No.2789 of 2025 weed growth from Kummaricalva major drain from km 11.60 to km 20.00 in G.C. Delta for the year 2024-25 vide its Agreement No. 88/2024-25. Dt:04.11.2024 and 7) Amount of Rs.6,73,579/-, along with 18% GST for the work of "Annual Maintenance towards removal of weed growth from Upper Kowshika Right Arm major drain from km 0.00 to km 4.20 in G.C. Delta for the year 2024-25" vide its Agreement No.89/2024-25. Dt:04.11.2024 with interest of execution of completion of works under Water Resource Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Article 14, 16, 21 of Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.46,64,655/- for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith, and 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 (FAC), Drainage Division, Pragathi Bhavan, Kakinada issued vide Lr.No.EE/DD/KKD/DB/JTO/F.CC/96M, dated 04.02.2025 and submitted that payment to the petitioner for total amount of Rs.46,64,655/- was under process. 4 W.P.No.2789 of 2025 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.46,64,655/- (Forty Six Lakh Sixty Four Thousand Six Hundred Fifty Five Rupees 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. There shall be no order as to costs. 05. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 24.02.2025 GRL 5 W.P.No.2789 of 2025 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 2789/2025 Date: 24.02.2025 GRL