IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

THURSDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 36718 OF 2022

Between:

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K. Raja Reddy, S/o. Subrahmanyam Reddy, Aged about 62 years, Occ: contractor, R/o. Narasareddy Kandriga Village, Naidupet Mandal, Tirupati District (Erstwhile SPSR Nellore District)

...PETITIONER

AND

• 1. The State of AP, Rep. by its Principal Secretary, Irrigation Department, Secretariat, Velagapudi, Amaravati, Guntur District.
• 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance, Secretariat, Velagapudi, Axnaravathi, Guntur District.
• 3. The Andhra Pradesh Centre for Financial Systems and Services, 6th Floor, C Block, Anjaneya Towers, Ibrahimpatnam, Krishna District Represented by its MD and CEO.
• 4. The Commissioner, Command Area Development Authority (CADA). Water Resources Department Vysva Bhavan, Hanumanpet, Vijayawada-520003, Andhra Pradesh.
• 5. The District Collector, SPSR Nellore District.
• 6. The Engineers-in-Chief, Water Resources Department, Vijayawada, Krishna District.
• 7. The Executive Engineer, Water Resources Department, Nellore Central Division, Nallore, SPSR Nellore District.
• The Deputy Executive Engineer, Water Resources Department, K.C.Sub Division, Venkata chalarn, SPSR Nellore District

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9. The Assistant Pay and Accounts Officer-I, Works and Projects, Nellore, SPSR Nellore District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in circumstances stated in the affidavit filed therewith, the High Court may bki)leased to issue Writ or Order or ^a direction, more in the form of writ of t-^mandamus, declaring the action of the respondents in not making payment ,'of the total amount of Rs.4,72,380/- (Rupees Four Lakhs seventy two thousand three hundred and eighty rupees only), due to the petitioner in relation to the execution of works i.e., O and M - Category 'A' -201.9-20 (Khatiff) Desilting from the bed of thikkavarapadu Kona Tank supply Channel in Venkatachalam Mandal of SPSR Nellore District vide Agreement No. 179 OandM/DN/2019-20, dated 24.02.2020 as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Article 14, ¹⁹ and 21, 300-A of the Constitution of India and consequently direct the respondents to make the payment of an amount of Rs.4,72,380/- ( Rupees Four Lakhs seventy two thousand three hundred and eighty rupees only) to the petitioner forthwith along with an interest of 24% p.a.

IA NO: ¹ OF 2022

a*

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay an amount of Rs.4,72,380/- (Rupees Four Lakhs seventy two thousand three hundred and eighty rupees only) due to the petitioner within two weeks, pending disposal of this writ petition.

Counsel for the Petitioner: SRi F^VITEJA PADIRI

Counsel for the Respondent Nos.l, ⁴ to ⁹ : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT

Counsel for the Respondent N6s.2 & ³ : GP FOR FINANCE AND PLANNING

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.36718 of 2022

ORDER;

The petitioner had been awarded various contract works in SPSR Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.4,72,380/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 1.

2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high handed requiring the interference of this Court.

3. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No. 10038 of 2021 and batch had taken the view that such non-payment of dues is arbitraiy and that such dues need to be cleared by the respondents at the earliest.

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, Nellore Central Division, Nellore, dated 16.06.2023. He would submit that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon 4.

after release of the budget/LOC by the Government, the bills will be paid to the petitioner.

In view of the aforesaid directions of this Court in various cases and 5. after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Irrigation this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.4,72,380/- to the petitioner along with the interest @ 6% per annum, in view of the judgment of the Hon'ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated $12.10.2023$ , within a period of six (06) weeks from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

//TRUE COPY//

Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR Ch) TION OFFICER

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To,

• 1. The Principal Secretary, Irrigation Department, State of AP, Secretariat, Velagapudi, Amaravati, Guntur District.
• 2. The Principal Secretary, Department of Finance, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.

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3. The MD and CEO, Andhra Pradesh Centre for Financial Systems and Services, 6^th Floor, C Block, Anjaneya Towers, Ibrahimpatnam, Krishna District Represented by its.

• 4. The Commissioner, Command Area Development Authority (CADA), Water Resources Department Vysva Bhavan, Hanumanpet, Vijayawada-520003, Andhra Pradesh.
• 5. The District Collector, SPSR Nellore District.
• 6. The Engineers-in-Chief, Water Resources Department, Vijayawada, Krishna District.
• 7. The Executive Engineer, Water Resources Department, Nellore Central Division, Nallore, SPSR Nellore District.
• 8. The Deputy Executive Engineer, Water Resources Department, K.C.Sub Division, Venkatachalam, SPSR Nellore District.
• 9. The Assistant Pay and Accounts Officer-1, Works and Projects, Nellore, SPSR Nellore District.
• lO.One CC to Sri Raviteja Padiri, Advocate [OPUC]
• ¹¹ .Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT]
• 12. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. (OUT)

13. Three C.D. Copies. Cnr

HIGH COURT

DATED:22/02/2024

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ORDER

WP.No.36718 of 2022

DISPOSING OF THE W.P. WITHOUT COSTS