APHC010058702025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the Two Thousand Twenty Five The Honourable Writ Petition No. Between: M/s.H.K.Constructions, Dhargamitta, Nellore, SPSR Nellore District. and The State of Andhra Pradesh and Counsel for the petitioner: 1. Malireddy Gowtham 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: “...be pleased to issue a particularly in the nature of of the respondents in not releasing the amount of Rs along with interest for the work executed by the to the agreement bearing N 24.11.2021 for “maintenance of drain near Buchireddypalem 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.3270 of 2025 M/s.H.K.Constructions, Dhargamitta, Nellore, SPSR Nellore District. ...Petitioner The State of Andhra Pradesh and others ...Respondents etitioner: espondent(s): CAD lanning. The Court made the following Order: This writ petition is filed seeking the following relief: to issue a writ order or direction more particularly in the nature of writ of mandamus declaring the action espondents in not releasing the amount of Rs.34,55, along with interest for the work executed by the petitioner pursuant to the agreement bearing No.22, O and M/DN/2021-22, dated aintenance of inspection path to pyderu m ear Buchireddypalem village and mandal of SPSR Nellore [3311] ...Petitioner ...Respondents rit order or direction more declaring the action ,702/- etitioner pursuant dated major andal of SPSR Nellore 2 W.P.No.3270 of 2025 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 Rs.34,55,702/- along with interest for delaying the payment to the petitioner for the said work executed by the petitioner 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/DD/NLR/O&M/Court Case/68M dated 15.02.2025. He submitted that the bill was not uploaded in CFMS portal due to insufficient budget. 04. It is pertinent to mention that the petitioner claimed Rs.34,55,702/- whereas in the written instructions the gross amount payable to the petitioner is shown as Rs.36,32,000/-. 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.34,55,702/-(Rupees thirty four lakhs fifty five thousand seven hundred and two 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 3 W.P.No.3270 of 2025 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. 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.3270 of 2025 286 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:3270 of 2025 Date: 24.02.2025 GRL 5 W.P.No.3270 of 2025