Allowed

The Water User Association NO.347 v. the State of Andhra Pradesh

Andhra Pradesh HC2 Oct 2024WP/19363/2024

Case brief

AI extract

What is this about?

This single-judge writ petition sought a writ of mandamus directing the release of unpaid dues of approximately Rs.4.02 Lakhs for executed irrigation works. The court allowed the petition and directed the respondents to pay the claimed amount with interest within two months, relying on a prior Division Bench judgment regarding interest entitlement.

What did the court decide?

Respondents directed to release the amount of Rs.4,02,410/- plus interest with two months from receipt of the order.

The Water User Association NO.347 Vs the State… — Service and Employment | Andhra Pradesh HC (2024)

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BSB,J W .P.No.19363 of 2024

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APHC010378162024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3311]

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THURS D AY, THE THIRD DAY OF OCTOBE R TWO T HOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 19363/2024

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Between:

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THE WATER USER ASSOCIATION NO.347, NA R ASAYAPALEM VILLAGE, BAPAT L A MANDAL, BAPATLA DISTRICT. REP BY ITS, PRESIDENT MAN A M VIJAY CHANDRA, S/O MOHAN N A RAO, AGED 48 YEARS, NA R ASAYAPALEM VILLAGE, BAPA T LA MANDAL, GUNTUR DISTRIC T .

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...PETITIONER

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AND

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THE STATE OF A NDHRA PRADESH, REP. BY I T S PRINCIPAL SECRETARY, IR R IGATION DEPARTMENT, A.P. S ECRETARIAT BUILDING, VELA G APUDI, AMARAVATHI.

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THE STATE OF A NDHRA PRADESH, REP. BY I T S PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. S ECRETARIAT BUILDING, VELA G APUDI, AMARAVATHI.

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THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DIS T RICT.

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THE CHIEF EN G INEER, MINOR IRRIGATION D EPARTMENT, VIJAYAWADA, KRI S HNA DISTRICT.

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THE SUPERINT E NDING ENGINEER (IRRIGATI O N CIRCLE), IRRIGATION CIRC L E, GUNTUR, GUNTUR DISTRICT.

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BSB,J W.P.No.19363 of 2024

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THE EXECUTIVE ENGINEER, K.W. DIVISION, TENALI, GUNTUR DISTRICT.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.MARELLA RADHA

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Counsel for the Respondent(s):

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1.GP FOR IRRIGATION COMM AREA DEV

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2.GP FOR FINANCE PLANNING

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The Court made the following: ORDER:

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This writ petition is filed seeking the following relief:

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“...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 not releasing the payments for the work executed by the petitioner under the scheme Neeru Chettu Reconstruction of retaining wall on Papaiah channel surplus escape, Reconstruction of surplus escape on Bapatla tank west branch channel and weed removal on its branches with an estimated cost of Rs.4.99 Lakhs through the Agreement No.16 KW/2018-19 dated 12.06.2018 for an amount of Rs.4,02,410/- and with 18% interest is illegal, arbitrary and contrary to law, violation of principles of natural justice and consequently direct the respondent authorities to release an amount of Rs.4.02,410/- with interest at 18% for the works executed by the petitioner under the scheme Neeru-Chettu Reconstruction of retaining wall on Papaiah channel surplus escape. Reconstruction of surplus escape on Bapatla tank west branch channel and weed removal on its

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BSB,J W.P.No.19363 of 2024

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branches with an estimated cost of Rs.4.99 Lakhs through the Agreement No.16 KW/2018-19 dated 12.06.2018 for an amount of Rs.4,02,410/- and to pass...”

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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.

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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, K.W. Division Tenali, dated 02.10.2024. He submitted that the value of work done is Rs.4,98,300/-. The work was completed during the month of 07/2018 and the bill was recorded vide Measurement Book Nos.4549KW,4546KW and further submitted that due to the non-availability of funds, bills were not paid, and that soon after the release of funds by the government, bills will be paid to the petitioner and prayed to pass appropriate orders.

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It is pertinent to mention that the petitioner claimed Rs.4,02,410/whereas in the written instructions the gross amount payable to the petitioner is shown as Rs.4,98,300/-. 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 it is so entitled.

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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.4,02,410/- (Rupees Four Lakh Two Thousand Four Hundred and Ten only) to the petitioner or the higher amount which the petitioner is entitled, 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

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BSB,J W.P.No.19363 of 2024

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12.10.2023, within a period of two (02) months from the date of receipt of a copy of this order.

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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.

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

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___________________ ___ JUSTICE B.S. BHANUMATHI

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Date: 03.10.2024 DSV

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BSB,J W.P.No.19363 of 2024

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251

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO:19363 of 2024

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Date: 03.10.2024 DSV

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BSB,J W.P.No.19363 of 2024

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HIGH COURT OF ANDHRA PRADESH

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MAIN CASE NO : W.P.No.19363 of 2024

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PROCEEDING SHEET

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Sl. Date ORDER OFFICE No. NOTE

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BSB,J

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W.P.No.19363 of 2024

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02.	03.10.2024	BSB, J
		The Writ Petition is allowed. (vide separate order)
		_________________ B.S.BHANUMATHI,J
		DSV

The Water User Association NO.347 v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

The Water User Association NO.347 v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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