APHC010058542025 IN THE HIGH COURT OF ANDHRA PRADESH Monday ,The Twenty Fourth Day of February Two Thousand and Twenty Five The Honourable Ms Justice B S Bhanumathi Writ Petition No: 3272 of Between: H K Constructions The State of Ap and Others Counsel for the Petitioner: 1. Malireddy Gowtham Counsel for the Respondent( 1. GP for Irrigation and 2. GP for Finance Planning The Court made the following This writ petition is filed seeking the following relief: “…pleased pleased to issue a Writ order or direction more particularly in the nature of IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday ,The Twenty Fourth Day of February Two Thousand and Twenty Five Present The Honourable Ms Justice B S Bhanumathi Writ Petition No: 3272 of 2025 ...Petitioner AND f Ap and Others ...Respondent(s Counsel for the Petitioner: Malireddy Gowtham Counsel for the Respondent(s): for Irrigation and Cad Finance Planning following Order : This writ petition is filed seeking the following relief: pleased to issue a Writ order or direction more particularly in the nature of Writ of Mandamus declaring IN THE HIGH COURT OF ANDHRA PRADESH [3311] ...Petitioner Respondent(s) pleased to issue a Writ order or direction f Mandamus declaring 2 W.P.No.3272 of 2025 the action of the Respondents in not releasing the amount of Rs.29,86,914/- along with interest for the work executed by the Petitioner pursuant to the agreement bearing No.23 O and M/DN/2021-22 dated 24.11.2021 for “Desilting of Pyderu Major Drain Near Buchireddypalem Village and Mandal of SPSR Nellore District” as illegal irregular irrational and violation of Article 14 19(1) (g) and 21 of the Constitution of India and Consequently direct the Respondents to pay the of Rs.29,86,914/- along with interest for the delaying the payment to the Petitioner for the said work executed by the Petitioner 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, Drainage Division, Nellore, vide Lr No: EE/DD/NLR/O&M/Court Case/69 dated 15.02.2025 and submitted that bill could not be uploaded in the CFMS portal, due to insufficient budget and the necessary proposals for releasing budget were already submitted to the higher authorities. Soon after receiving the budget release order from the Government, subject work bill will be uploaded in the CFMS portal and payment will be made to the petitioner. 3 W.P.No.3272 of 2025 04. It is pertinent to mention that the petitioner claimed Rs.29,86,914/- ,whereas in the written instructions the bill amount is shown as Rs.31,39,000/-. As such, the Order is limited to the amount claimed by the petitioner. 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.29,86,914/- (Twenty Nine Lakhs Eighty Six Thousand Nine Hundred Fourteen 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. 06. 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. 07. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 24.02.2025 RSD 4 W.P.No.3272 of 2025 The Honourable Ms Justice B S Bhanumathi WRIT PETITION NO: 4075/2025 Date: 24.02.2025 RSD 5 W.P.No.3272 of 2025