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2025 DAILYLAW 7311 (AP)

TIKKISETTI LAKSHMI NARAYANA v. THE STATE OF AP

WP/4075/2025 · 2025-02-24

B S Bhanumathi

body2025

Judgment text

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APHC010072882025 IN THE HIGH COURT OF ANDHRA PRADESH Monday ,The Twenty Fourth Day o Two Thousand And Twenty Five The Honourable Ms Justice B S Bhanumathi Writ Petition No Between: Tikkisetti Lakshmi Narayana The State of AP 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 more particularly one in the nature of Writ of Mandamus declar inaction on part of the respondents in not releasing the bill amount worth total amount vide agreement No.13/2024 agreement No.12/2023 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: 4075/2025 Tikkisetti Lakshmi Narayana ...Petitioner AND others ...Respondent etitioner: Annamneedi Balakrishna espondent(s): for Irrigation and CAD Finance Planning The Court made the following Order : This writ petition is to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declar inaction on part of the respondents in not releasing the estimated final total amount of Rs.34,07,554/-, viz., 1) Rs.8, 13/2024-25 Dt. 18.07.2024 2) Rs.8,47,000/- 12/2023-24 Dt.18.07.2024 3) Rs.9,81,000/ IN THE HIGH COURT OF ANDHRA PRADESH [3311] Petitioner Respondent(s) to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the stimated final ,70,000/- - vide its 000/- vide 2 W.P.No.4075 of 2025 agreement No.10/2023-24 Dt. 18.07.2024 and 4) Rs.7,09,554/- vide its agreement No.11/2023-24 Dt. 18.07.2024 with interest for execution and completion of O and M works under irrigation department as per agreement to the petitioner till today and causing heavy loss even though total work was completed as per the agreement as illegal arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents to release the final bills total worth of Rs.34,07,554/- to the petitioner. 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 (FAC), Drainage Division, Pragathi Bhavan, Kakinada issued vide Lr.No.EE/DD/KKD/DB/ATO-2/F.CC/170 M dated 22.02.2025 and submitted that bill of amount of Rs.28,82,653/- is under process for release of LOC. 04. It is pertinent to mention that the petitioner claimed Rs.34,07,554/-, whereas in the written instructions the bill amount is shown as Rs.28,82,653/-. 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, 3 W.P.No.4075 of 2025 this Writ Petition is allowed with a direction to the respondents to release the amount of Rs.28,82,653/-. (Twenty Eight Lakhs Eighty Two Thousand Six Hundred and Fifty Three 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. 07. 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.4075 of 2025 The Honourable Ms Justice B S Bhanumathi WRIT PETITION NO: 4075/2025 Date: 24.02.2025 RSD