Vemuri Sathya Sai Vara Prasad, v. The State of Andhra Pradesh

Court: High Court of Andhra Pradesh

Bench: B S BHANUMATHI

Judgment date: 2024-10-21

Case summary

High Court of Andhra Pradesh judgment dated 2024-10-21. Vemuri Sathya Sai Vara Prasad, v. The State of Andhra Pradesh. Read the judgment and case details on...

Judgment text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HON’BLE MS JUSTICE B S BHANUMATHI ^ WRIT PETITION NO: 22765 OF 2024 Between: Vemuri Sathya Sai Vara Prasad, S/o. Arjuna Rao, aged years R/o. D. No. 57-9-11/16, Venkat Enclave, New Postal Colony, Patamata, Vijayawada NTR District (earlier Krishna District). ... PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Finance and Planning, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Special Chief Secretary, Department of Irrigation and Water Resources Secretariat, Velagapudi, Guntur District. 3. The Commissioner, CADA and Secretary to Government, Vijayawada, Krishna District. 4. The Superintending Engineer, Irrigation Circle, Vijayawada, Krishna District. 5. The Executive Engineer, Drainage Division, Gudivada, Krishna District. 6.

The Pay and Accounts Officer, Works and Accounts, D. No. 29-2-52, Manasa Complex, Rama Mandiram Street, Governorpet, Vijayawada, Krishna District. ... RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the High Court may the circumstances stated in the affidavit filed therewith, particularly one in the - be pleased to issue order, writ or direction more the respondents in not fiature of Writ of Mandamus declaring the action of Rs. 6,87,227/- and releasing the final bills amount of Rs. 15,66,598/-along with interest Rs. 6,81,438/-, totaling Rs. 30,94,450/- to the petitioner entered into with for the works executed in pursuance of the agreements and the 5th respondent vide Agreements No. 60/2023-24 64/2023-24 violation of principles of 65/2023-24 dated 09. 10. 2023 as illegal, arbitrary, direct the natural justice and Unconstitutional and consequently of Rs. 15,66,598/-, respondents to release undisputed final bill amount to the petitioner along Rs.

6,87,227/-, Rs. 6,81,438/- totaling Rs. 30,94,450/-with interest for the works executed by him in pursuance of the agreements entered into with the 5th respondent. lA NO: 1 OF 2024 circumstances Petition under Section 151 CPC praying that in the stated in the affidavit filed in support of the writ petition, the High Court the final bills amount may be pleased to direct the respondents to release totaling Rs. 30,94,450/-of Rs. 15,66,598/-, Rs. 6,87,227/- and Rs. 6,81,438/-, executed in pursuance of to the petitioner along with interest for the works vide Agreements No, the agreements entered into with the 5th respondent pending 60/2023-24; 64/2023-24 and 65/2023-24 dated 09. 10. 2023, disposal of the writ petition. Counsel for the Petitioner: SRI RAMESH BABU TALLURI PLANNING Counsel for the Respondents No. 1, 6: GP FOR FINANCE AND Counsel for the Respondents No.

2 to 5: GP FOR IRRIGATION COMMON AREA DEVELOPMENT The Court made the following: ORDER APHC010440592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311] (Special Original Jurisdiction) MONDAY ,THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 22765/2024 Between: ... PETITIONER Vemuri Sathya Sai Vara Prasad AND The State Of Andhra Pradesh and Others ... RESPONDENT(S) Counsel for the Petitioner: 1. RAMESH BABU TALLURI Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING The Court made the following: ORDER: This petition is filed under Article 226 of the Constitution of India praying as follows: one in the nature of “to issue order, writ or direction more particularly Writ of Mandamus declaring the action of the respondents in not releasing the final bills amount of Rs. 15,66,598/-, Rs. 6,87,227/- and Rs. 6,81,438/-, totaling for the works executed in Rs.

29,35,263/- to the petitioner along with interest pursuance of the agreements entered into with the 5th respondent vide dated 09. 10. 2023 Agreements No. 60/2023-24, 64/2023-24 and 65/2023-24 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release Rs. 6,81,438/-undisputed final bill amount of Rs. 15,66,598/-, Rs. 6,87,227/-, / interest for the totaling Rs. 30,94,450/- to the petitioner along with W. P. No. 22765 of 2024 executed by him in pursuance of the agreements entered into with the 5th respondent”. 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, learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer (FAC), Drainage Division, Gudivada, dated 20. 10. 2024. He submitted that the bill is not uploaded in CFMS as the bill was not received from Sub-Division office and prayed to pass appropriate orders. 04. 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 total amount of Rs. 29,35,263/-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. 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. Sd/-VSAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To, Department of 1. The Principal Secretary, State of Andhra Pradesh, District Finance and Planning, Secretariat, Velagapudi, Guntur Department of 2. The Special Chief Secretary, State of Andhra Pradesh, Guntur District. Irrigation and Water Resources Secretariat, Velagapudi, N 3. The Commissioner, CADA and Secretary to Government, Vijayawada, Krishna District. 4. The Superintending Engineer, Irrigation Circle, Vijayawada, Krishna District. Krishna District. 5. The Executive Engineer, Drainage Division, Gudivada, D. No. 29-2-52, 6.

The Pay and Accounts Officer, Works and Accounts, Manasa Complex, Rama Mandiram Street, Governorpet, Vijayawada, Krishna District. 7. One CC to SRI. RAMESH BABU TALLURI, Advocate [OPUC] of 8. Two CCS to GP FOR FINANCE AND PLANNING, High Court Andhra Pradesh. [OUT] Pradesh. 9. Two CCs to GP FOR IRRIGATION, High Court of Andhra [OUT] 10. Three C. D,Copies nm Pi ^ ^ HIGH COURT bATED:21/10/2024 ORDER WP. No. 22765 of 2024 ^ 18 HAK 2025 t IS- ^ . Curreni oection ALLOWING THE WP WITHOUT COSTS

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