Andhra Pradesh High Court - Amravati
Sanku Veera Venkata Rambabu vs The State Of Ap on 28 October, 2024
APHC010261402024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY, THE TWENTY EIGHTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 12926/2024
Between:
Sanku Veera Venkata Rambabu ...Petitioner
And
The State of Andhra Pradesh and Others ...Respondent(s)
Counsel for the Petitioner:
1. Annamneedi Balakrishna Counsel for the Respondent(s):
1. GP For Irrigation Comm Area Dev
2. GP For Finance Planning The Court made the following:
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 bill amount worth of Rs.39,39,968/-, 1) Amount of Rs.7,39,075/- vide Agreement No.15/2023-24, for which the work "O & M to Annual Maintenance of weed free in G and V Canal from Km.48.667 to 59.028 in the jurisdiction of irrigation Section, Bhimavaram during the year 2023-24", 2) Amount Rs.6,10,500/-, 2 BSB,J W.P.No.12926 of 2024 vide its Agreement No.16/2023- 24, for which the work "O & M to Annual maintenance of weed free in Gosthanadi channel, Thallikodu channel, Vissakoderu Channel and Distributories in the Jurisdiction of irrigation Section, Bhimavaram during the year 2023-24", 3) Amount of Rs.5,75,795/- vide Agreement No.17/2023-24, for which the work "O & M Annual maintenance for weed free in Adavikodu channel and its branch channels in the Jurisdiction of irrigation section Bhimavaram during the year 2023-24", 4) Amount of Rs.4,64,295/- vide Agreement No.18/2023-24, for which the work "O & M to Removal of Weed obstructions at bridge Locations across Yanamadurru Drain bet. Km 42.500 to 45.000 During the Year 2023-24 in Irrigation Section, Bhimavaram", 5) Amount of Rs.8,05,339/-, vide Agreement No.19/2023-24, for which the work "O & M to annual maintenance of weed free in Kalipatnam main channel, branch channels and Distributories in the jurisdiction of irrigation section, Kalipatnam during the year 2023-24.", 6) Amount of Rs.7,44,964/- vide Agreement No.20/2023-24, for which the work "O & M to Annual Maintenance of weed free in G and V Canal from Km.59.028 to 65.770 and its channels in the jurisdiction of irrigation Section, Kalipatnam during the year 2023-24" with interest of execution and completion of O & M works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest 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 releasing the final bills of total amount worth of Rs.39,39,968/- for execution of completion of O & M works under Irrigation Department as per agreement, to the petitioner forthwith, and pass..."3
BSB,J W.P.No.12926 of 2024
2. 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. On the other hand, learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer, Godavari Western Division, Nidadavole, East Godavari District vide Lr.No.EE/GW D/NDD/CB/IC.2/540M, dated 26.06.2024. He submitted that the works were completed and the final bills are under preparation and pending at Section Level/Sub Division Level. Soon after receipt of the work bills from the Sub Divisions, the LOC proposals will be submitted to the higher authorities for release of LOC for arranging payment and prayed to pass appropriate orders.
4. The amount claimed by the petitioner and the admitted amount stated in the written instructions are as follows:
Sl.No Agreement No. Agreement amount as Agreement per the petitioner amount as per the written instructions 1 15/2023-24 7,39,075/- 5,89,004/- 2 16/2023-24 6,10,500/- 4,94,566/- 3 17/2023-24 5,75,795/- 4,76,844/- 4 18/2023-24 4,64,295/- 3,60,606/- 5 19/2023-24 8,05,339/- 6,55,268/- 6 20/2023-24 7,44,964/- 5,93,697/-
TOTAL 39,39,968/- 31,69,985/- 4 BSB,J W.P.No.12926 of 2024
5. In view of the submissions of the learned counsel for the petitioner and the learned Government Pleader for Irrigation, this Writ Petition is allowed with a direction to the respondents to release the amount of Rs.31,69,985/-
(Rupees Thirty One Lakhs Sixty-Nine Thousand Nine Hundred and Eighty- Five only), along with any other higher amount if payable to the petitioner, 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.
6. 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: 28.10.2024 DSV 5 BSB,J W.P.No.12926 of 2024 232 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:12926 of 2024 Date: 28.10.2024 DSV 6 BSB,J W.P.No.12926 of 2024 HIGH COURT OF ANDHRA PRADESH 240 MAIN CASE NO : W.P.No.12926 of 2024 PROCEEDING SHEET Sl. Date ORDER OFFICE No. NOTE 28.10.2024 BSB, J The Writ Petition is allowed.
(vide separate order) _________________ B.S.BHANUMATHI,J DSV