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Andhra Pradesh High Court - Amravati

M Jagan Mohan Reddy vs The State Of Andhra Pradesh on 17 February, 2025

APHC010027052025
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                 [3311]
                          (Special Original Jurisdiction)

            MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY
                 TWO THOUSAND AND TWENTY FIVE

                                PRESENT

            THE HONOURABLE MS JUSTICE B S BHANUMATHI

                     WRIT PETITION NO: 1571/2025

Between:

M Jagan Mohan Reddy                                    ...PETITIONER

                                  AND

The State of Andhra Pradesh and others             ...RESPONDENT(S)

Counsel for the Petitioner:

1. RAMESH BABU TATAPUDI Counsel for the Respondent(S):

1. GP FOR IRRI AND CAD

2. GP FOR FINANCE PLANNING The Court made the following:

W.P. No.1571 of 2025 Order:

This writ petition is filed seeking the following relief:

"...may be pleased to issue a direction or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not releasing the pending L.S. II and Final bill amount of Rs.13,24,332/- pertaining to Measurement Book Number vide M-Book No.2762 Ml (LS II and Final Bill) in relation to the work executed i.e., "Rehabilitation of Udumulapadu Ml Tank (Independent) in Udumulapadu Village in Dhone Mandal in Kurnool District under APIIATP" vide Agreement No.SE/IC/KNL/04/2021-2022, Dt:11.06.2021 is questioned as the same is illegal, arbitrary, violative of principles of natural justice, violative of provisions of Clause 68 of the Andhra Pradesh Detailed Preliminary Standard Specification and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent Authorities to pay the said pending LS II and Final bill amount with interest at the rate of 24% per annum for the delay caused in paying the same to the petitioner in respect of execution of abovementioned work forthwith 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, W.R.D, M.I. Works Division, Nandyal, issued vide Lr.No.F-N-10/TW/TO/60M, dated 25.01.2025 and submitted that the bills are pending for fund clearance.

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.13,24,332/- (Thirteen Lakh Twenty Four Thousand Three Hundred Thirty Two 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.

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.1571 of 2025 241 HON'BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 1571/2025 Date: 17.02.2025 SCH