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2025 DAILYLAW 6656 (AP)

N VENU GOPAL REDDY v. THE STATE OF ANDHRA PRADESH

WP/3530/2025 · 2025-02-24

B S Bhanumathi

body2025

Judgment text

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APHC010063712025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday ,The Twenty Fourth Day of February Two Thousand and Twenty Five The Honourable Ms Justice B S Bhanumathi Writ Petition No Between: N Venu Gopal Reddy The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. Marella Radha Counsel for the Respondent( 1. GP for Irrigation Comm Area Dev 2. GP for Finance Planning The Court made the following This writ petition is filed seeking the following relief: “…may be pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ 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: 3530/2025 ...Petitioner AND The State Of Andhra Pradesh and Others ...Respondent(s Counsel for the Petitioner: Counsel for the Respondent(s): Irrigation Comm Area Dev Finance Planning The Court made the following Order: This writ petition is filed seeking the following relief: may be pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of [3311] Petitioner Respondent(s) may be pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of 2 W.P.No.3530 of 2025 Mandamus declaring the action of the respondents in not releasing the payments for the works executed by the petitioner for Providing i) Repairs to Aqueduct D/s walls at KM 17.153 and other improvements in Right Main Canal of Gajuladinne Project in Gonegandia M in Kurnool District through the Agreement No.29 /2023-24 dated 21.09.2023 for an amount of Rs.16,34,505/- ii) Repairs to 11th Distributory and other improvements in Right Main Canal of Gajuladinne Project in Gonegandia M in Kurnool District through the Agreement No.30/2023-24 dated 21.09.2023 amount of Rs.17,57,361/- and iii) Repairs to Super Passage KM for an 17.950 and other improvements in Right Main Canal of Gajuladinne Project in Gonegandia M in Kurnool District through the Agreement No.28/2023-24 dated 21.09.2023 for an amount of Rs.17,52,309/- totaling the works amount to Rs.51,44,175/- is illegal arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondents to release an amount of Rs.51,44,175/- with 18 percent Per annum to the petitioner in respect of the execution of aforementioned work forthwith and to pass such…” 02. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the amounts, 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 3 W.P.No.3530 of 2025 record instructions received from the Executive Engineer, TBP Divison, Adoni vide Letter No.EE/TBP/ADN/AB/Supdt/Court Cases/No.216 dated 22.02.2025 and submitted that tokens were generated by PAO authorities for 3 No of works and waiting for payment. 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 total amount of Rs.51,44,175/- (Fifty One Lakhs Forty Fourt Thousand One Hundred Seventy Five 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. 05. 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 RSD 4 W.P.No.3530 of 2025 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 1540/2025 Date: 24.02.2025 RSD 5 W.P.No.3530 of 2025