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2025 DAILYLAW 6856 (AP)

SRI YELUGOTI CHANDRA SEKHAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/3785/2025 · 2025-02-17

B S Bhanumathi

body2025

Judgment text

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APHC010066242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 3785/2025 Between: Sri Yelugoti Chandra Sekhar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K NAVEEN KUMAR 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.3785 of 2025 ORDER: This writ petition is filed seeking the following relief: “…may be pleased to issue appropriate writ, direction, order or orders more particularly one in the nature of Writ of Mandamus in questioning the action of the respondents in not releasing bill payment for the work i.e., Excavation of Canal for diverting seepage water into local vagu near lands survey No.1101, 1102 and 1104 on D/S of Chintalavanka Tank of Balapanuru Village, Simhadripuram Mandal of YSR Kadapa District for the estimated contract value of work of Rs.9,14,896/- in respect of the bill amount of Rs.10,77,971/- for the work executed by the petitioner despite the claim for the payment of bill amount is raised vide Token No.2024-170179 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs.10,77,971/- towards the bill amount for the works executed by the petitioner 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 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, PBC Division, Pulivendula, issued vide Lr.No.92M, dated 07.02.2025 and submitted that the bill is pending for fund clearance in CFMS for want of funds and it will be paid by the Government on seniority and availability of budget provisions. 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 3 W.P. No.3785 of 2025 Rs.10,77,971/- (Ten Lakh Seventy Seven Thousand Nine Hundred Seventy One Rupees only) to the petitioner, 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: 17.02.2025 SCH 4 W.P. No.3785 of 2025 240 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 3785/2025 Date: 17.02.2025 SCH