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2025 DAILYLAW 6971 (AP)

SRI ARAVA NAGA VENKATA RAMA RAO v. THE STATE OF AP

WP/3751/2024 · 2025-02-17

B S Bhanumathi

body2025

Judgment text

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APHC010067612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Seventeenth day of February, 2025 Present The Honourable Ms Justice B.S. Bhanumathi Writ Petition No: 3751/2024 Between: Sri Arava Naga Venkata Rama Rao ...Petitioner and The State of AP and others ...Respondent(s) Counsel for the Petitioner: 1. K L N Swamy Counsel for the Respondent(s): 1. GP for Irri and CAD (AP) 2. GP for Finance Planning (AP) The Court made the following: 2 W.P. No.3751 of 2024 Order: This writ petition is filed seeking the following relief: “…pleased to issue order or orders, direction or directions, Writ or Writs particularly in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for one execution of work vide 1). Agreement No.40D/2022- 23, dtd.23-08-2022, total work amount of Rs.10,50,719/- to the petitioner with 24% interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14 19 (i)(g), 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 24% interest 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, the learned Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer, Godavari Eastern Division, Ramachandrapuram, issued vide Lr.No.EE/GE.Divn./RCPM/CB/IC2/131M, dated 07.02.2025 and submitted that the bill is pending for release of LOC. 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.10,50,719/- (Ten Lakh Fifty Thousand Seven Hundred Nineteen 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 3 W.P. No.3751 of 2024 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. 06. 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.3751 of 2024 253 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 3751/2024 Date: 17.02.2025 SCH