Hon’ble Single Justice dismissed a petition challenging non-payment of Rs.22,48,891/- for irrigation works. The court directed the State to pay the bill amount with 6% interest within six weeks, citing previous decisions on arbitrary withholding of dues.
Payment of Rs.22,48,891/- plus 6% interest within six weeks of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction)
MONDAY ,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 7587 OF 2023
Between:
Bandi Narayanamma, W/o. Late Subba Reddy, Aged about 58 years, D.No. 13-163, NH Road, Panyam, Panyam Bus Stand, Kurnool District-518112.
...PETITIONER
AND
...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 ^ectionmoreparticularlyonein the nature of Writ of Mandamus declare the ina^ion on part of the respondents herein not releasing the final bill amount worth of Rs.22,48,891/-, 1) Rs.6,85,810/-,
vide Its Agreement No. 10 EE/ 2018-19 dated 02-02-2019, M.Book No. 684B for which the name of work was Repairs and renewal of existing damaged road from NSRS Srisailam Project, 2) M ■ coc Agreement No. 11 EE/2018-19 dated 02-02-2019,M.Book NO. 685 B, for which the name of work was Repairs and renewal of existing road in Dam Maintenance Circle office and Division office premises in RF Colony of NSRS Sri^ilam Project, 3) Rs.7,80,078/-, vide its Agreement No. 9 EE / 2018-19 dated 02-02-2019, M.Book. 686 B, for which the name of work was Repairs and renewal of existing damage road from store center to filter house in RF colony NSRS Srisailam Project, with interest of execution of completion of OandM 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 ofArticles 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. 22,48,891/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith.
lA NO: 1 OF 2023
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 releasing the Final Bill amount of Rs.22,48,891/-, 1) Rs.6,85 810/, vide its Agreement No. 10 EE/ 2018-19 dated 02-02-2019, 2) Rs.7,83,003/vide Its Agreement No. 11 EE/2018-19 dated 02-02-2019, 3) Rs.7,80,b78/-, vide its Agreernent No. 9 EE / 2018-19 dated 02-02-2019, for the said agreements and M Books for execution of completion of OandM works under Irrigation Department as per agreement to the petitioner forthwith, pending disposal of the above Writ Petition.
Counsel for the Petitioner(s): SRI. ANNAMNEEDI BALAKRISHNA
Counsel for the Respondent Nos.1,3 to 7: GP FOR IRRIGATION COMM AREA
Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING
The Court made the following;
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.7587 of 2023
ORDER:
2
non-payment of dues is arbitrary and that such duesneedtobe 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, NSRS Srisailam Project, dated 09.11.2023. He wouldsubmitthat due to insufficient budget, bill was not uploaded in CFMS portal. Soon after release of the budget, the bill will becleared.
7
3
Consequently, Miscellaneous Petitions, if any, pending in
this Writ Petition shall stand closed.
//TRUE COPY//
Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR SECTIO ri^FICER
/
To,
11.Three CD Copies
AL
HIGH COURT
DATED:20/11/2023
ORDER
WP.No.7587 of 2023
DISPOSING THE WP WITHOUT COSTS
2 issues framed by the court
Whether the High Court should issue a writ of mandamus directing the respondents to release the final bill amount due to the petitioner.
Whether the non-payment of the sanctioned bill amount is arbitrary and violative of the petitioner’s constitutional rights.
Bandi Narayanamma
State of Andhra Pradesh
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
