APHC010069982025 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 Between: N Venkanna, The State of Andhra Pradesh and Others Counsel for the Petitioner: 1. Annamneedi Balakrishna 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: “…to issue an appropriate particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein final total bills amount worth of Rs 1) Rs.11,90,466/- 21.06.2022 for which the name of work was 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: 3919/2025 ...Petitioner AND f Andhra Pradesh and Others ...Respondent(s) Counsel for the Petitioner: Annamneedi Balakrishna Counsel for the Respondent(s): Irrigation and CAD for Finance Planning Court made the following ORDER : This writ petition is filed seeking the following relief: to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final total bills amount worth of Rs.55,92,259/- viz., vide its Agreement No.02/202223 dated for which the name of work was “Annual IN THE HIGH COURT OF ANDHRA PRADESH [3311] Petitioner ...Respondent(s) or direction more particularly one in the nature of Writ of Mandamus declare the not releasing the viz., 02/202223 dated Annual 2 W.P.No.3919 of 2025 Maintenance Estimate for 0 and M of Musurumilli Main canal and its Distributaries from Km 0.000 to Km 32.370 and Left branch canal from Km 0.000 to Km 9.115 and its distributaries for the year 2022-2023” 2) Rs.22,24,645/- vide its Agreement No 03/2022-23 dated 21.06.2022 for which the name of work was “Annual Maintenance of Bupathipalem Resevoir Project Main Canal and its distributaries from km 0.00 to km 32.00 for the year 2022-2023” and 3) Rs.21,77,148/- for which the name of the work was “Annual maintenance of Bhupathipalem Project main canal and its distributaries from Km 0.000 to Km 32.00 for the period from the date of agreement to 31.05.2022 for which the total amount was Rs.55,92,259/- with interest of execution of completion of O and M works under Water Resource Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal arbitrary and violation of Articles 14 16 and 21 of The Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.55,92,259/- for execution of completion of Irrigation works under Water Resource Department as per agreement to the petitioner forthwith 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. 3 W.P.No.3919 of 2025 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 (FAC), P.I.P.L.M.C Division No.2, Dowlaiswaram, East Godavari District vide Lr.No.EE/PIPLMC/Division2/Dowlm/AB/Court Cases/A2/62 dated 22.02.2025 and submitted that bills of Rs.10,37,652/-, Rs.8,56,809/- and Rs.15,01,627/- are waiting for budget. 04. It is pertinent to mention that the petitioner claimed Rs.55,92,259/- ie., 1) Rs.11,90,466/-, 2) Rs.22,24,645/- and 3) Rs.21,77,148/-, whereas in the written instructions bill amount is shown as bills of Rs.10,37,652/-, Rs.8,56,809/- and Rs.15,01,627/- a total of Rs.33,96,088/-. As such, the Order is limited to the amount admitted by the respondents. 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.33,96,088/- (Thirty Three Lakhs Ninety Six Thousand Eighty Eight 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. 4 W.P.No.3919 of 2025 07. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 24.02.2025 RSD 5 W.P.No.3919 of 2025 The Honourable Ms Justice B S Bhanumathi WRIT PETITION NO: 4075/2025 Date: 24.02.2025 RSD 6 W.P.No.3919 of 2025