IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 17236 OF 2024

Between:

/

■J

M/S.Sudhakar Infratech Private Limited, Rep. by its Managing Director Allam. Sudhakar Reddy S/o. A.Vinukonda Reddy Flat.no.301,sai Sandhya Appartments Street,no-9, Himayath Nagar, Hyderabad Age 45 years.

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Irrigation, Secretariat Building, Velagapudi Amaravathi, Guntur.
• 2. The Executive Engineer (WRD), Department of Irrigation, S.P.Division no.-II, Nellore District.
• 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi Amaravathi, Guntur District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the part -I and II payments of pending amounts of Rs. 4,48,90,383/- ( Four Crore Forty Eight Lakhs, Ninety Thousand Three Hundred and Eighty Three only), even after finalizing the bills payable to the petitioner in relation to the works i.e. "Somasila Project-

Kavali Canal (BPR Canal )-lmprovements to Bezawada papi Reddy Canal from KM.52.293 To KM.67.605 For phase II By Widening of bed easening of side slopes" Irrigation circle Department.

lA NO: ¹ OF 2024

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith consider releasing the amounts payable to the petitioner herein, pending disposal of the writ petition.

Counsel for the Petitioner: SRI VENKAT CHALLA

Counsel for the Respondent Nos.1 & 2: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.3: GP FOR FINANCE AND PLANNING The Court made the following: ORDER

BSB,J P.No.17236 of 2024

ANDHRA PRADESH the high court of at aniaravati Original Jurisdiction) APHC010337522024 IN [33111 (Special fy

PRESENT

honourable ms justice b petition no: lZ236ae24 S BHANUNIATHI THE WRIT

Between: ...petitioner

M/s.sudhakar infratech Private Limited..

AND

rESPONDENT(S)

Andhra Pradesh and Others The State Of

Counsel for the Petitioner:

¹ .venkat challa

the Respondent(S): Counsel for

for IRH' AND CAD 1.GP

finance planning 2.GP FOR

The 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 declaring the action of the Respondents in withholding the part ^I and II payments of pending amounts of Rs. 4,48,90,383/- (Four Crore Forty Eight Lakhs Ninety Thousand Three Hundred and Eighty Three only) even after finalizing the bills payable to the petitioner in relation to the works i.e., ''Somasila Project-Kavali Canal (BPR Canal)-improvements to Bezawada papi Reddy Canal from KM.52.293 To KM.67.605 For phase II By Widening of bed easening of side slopes" Irrigation circle Department and pass..."

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. 2.

On the other hand, learned Government Pleader for Irrigation, 3. while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer, S.P.Division No.2 Nellore,vide Letter No.EE/SP2/NLR/DB/Court Cases, dated 08.08.2024. He submitted that LS ¹ & part Bill 2024 is approved and waiting for fund clearance and LS 2& part Bill is not uploaded due to lack of budget and waiting for budget release order and prayed to pass appropriate orders.

It is pertinent to mention that the petitioner claimed Rs.4,48,90,383/ whereas in the written instructions the gross amount payable to the petitioner 4.

BSB,J W.P.No.17236of 2024

SECTION OFFICER

is shown as LS 1 & part Bill 2024 – 163446 is Rs.442.47/- and LS 2& Part Bill 2024 is Rs. 63.14 lakhs. 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 so entitle.

$-2$

In view of the submissions of the learned counsel for the petitioner the 5. learned Government Pleader for Irrigation, this Writ Petition is allowed with a direction to the respondents to release the amount of Rs.4,48,90,383/- 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.

It is open to the petitioner to agitate the claim for higher rate of interest, 6. 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 $7.$ Sd/- N. NAGAMMA Petition shall stand closed. ASSISTANT REGISTRAR

I/TRUE COPY//

To,

• 1. The Principal Secretary, Department of Irrigation, State of Andhra Pradesh, Secretariat Building, Velagapudi Amaravathi, Guntur.
• 2. The Executive Engineer (WRD), Department of Irrigation, S.P.Division no.-II, Nellore District.
• 3. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
• 4. One CC to Sri Venkat Challa, Advocate [OPUC]
• 5. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh. TUOI
• 6. Two CC's to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT]
• 7. Three CD Copies.

ssb

HIGH COURT

DATED: 23/09/2024

ORDER

WP.No.17236 of 2024

ALLOWING THE W.P. WITHOUT COSTS