Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 7287 (AP)

Bellam Raghavaiah, v. The State of Andhra Pradesh,

WP/4020/2025 · 2025-02-24

B S Bhanumathi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010071792025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the Two Thousand Twenty Five The Honourable Writ Petition No. Between: Bellam Raghavaiah AND The State of Andhra Pradesh and others Counsel for the petitioner: 1. KLN.Swamy Counsel for the respondent(S): 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 order or orders direction or directions Writ or Writs particularly one in the nature appropriate writ declare the action of the respondents in not paying the bills for execution of works by the 1)Agreement No 2/2021 No.16/2021-22 Dt.25. 29.11.2021; 4) Agreement No 21/202122 Dt 5)Agreement No.22/2021 23/2021-22 Dt.29112021 7 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.4020 of 2025 ...Petitioner The State of Andhra Pradesh and others ...Respondents etitioner: espondent(S): CAD GP for finance planning. The Court made the following: This writ petition is filed seeking the following relief: be pleased to issue order or orders direction or directions Writ or Writs particularly one in the nature writ of mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of works by the petitioner works under Agreement No 2/2021-22 Dt.09.06.2021; 2) Agreement .10.2021; 3).Agreement No.20/2021-22 Dt Agreement No 21/202122 Dt. 29.11. 22/2021-22 Dt.29.11.2021 6) Agreement No 29112021 7) Agreement No. 24/2021-22 Dt [3311] ...Petitioner ...Respondents be pleased to issue order or orders direction or directions andamus or any appropriate writ declare the action of the respondents in not paying etitioner works under Agreement 22 Dt. .2021 Agreement No. 22 Dt. 2 W.P.No.4020 of 2025 29.11.2021 8) Agreement No.27DN/2023-24 Dt26.06.2023. Total eight works amount of Rs.22,81,979/- to the petitioner with 6% interest till today 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 6% 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, 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, Chirala vide Letter No.EE/DD/CRL/AB/A1/77M dated 22.02.2024. He submitted that the bills were not uploaded in CFMS due to non-availability of sufficient budget under the relevant Head of account of O & M work. 04. It is pertinent to mention that the petitioner claimed Rs.22,81,979/-, whereas in the written instructions the gross amount payable to the petitioner is shown as Rs.23,04,874/-. 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.22,81,979/-(Rupees twenty two lakhs eighty one thousand nine hundred and seventy nine only) to the petitioner, along with the interest as per the 3 W.P.No.4020 of 2025 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 GRL 4 W.P.No.4020 of 2025 238 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:4020 of 2025 Date: 24.02.2025 GRL 5 W.P.No.4020 of 2025