Allowed

K. Krishna Prasad v. The State of Andhra Pradesh

Andhra Pradesh HC18 Apr 2024WP/2450/2024

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh allowed a writ petition seeking release of unpaid final bills worth approx. Rs. 21 lakh for irrigation department O&M works. The court directed immediate payment with 6% annual interest based on prior precedents condemning non-payment of admitted dues.

What did the court decide?

Direction to release final bill amount of Rs. 20,99,714/- with 6% per annum interest within six weeks.

K. Krishna Prasad Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

¶1

.i£t

¶2

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶3

(Special Original Jurisdiction)

¶4

FRIDAY. THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶7

WRIT PETITION NO: 2450 OF 2024

¶8

Between:

¶9

K. Krishna Prasad, S/o. K. Venkateswara Rao, Aged about 42 years, R/o. D.No. 9/779, Nizampeta, Machilipatnam, Krishna District.

¶10

...PETITIONER

¶11

AND

¶12

The State of Andhra Pradesh, Rep by its Principle Secretary to Government Irrigation and CAD Water Resources Resources

¶13

Department, Secretariat Buildings, A.P. Secretariat, Velagapudi

¶14

Amaravathi, Guntur District.

¶15

The State of Andhra Pradesh, rep. By its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati,^Guntur District

¶16

The District Collector, (Irrigation wing), Bhimavaram,^WestGodavari District.

¶17

The Engineer-in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada,^NTR District.

¶18

The Superintending Engineer. Irrigation and Water^Resources Department, Irrigation Circle, Eluru, Eluru District.

¶19

The Executive Engineer, Irrigation and Water. Resources Department, Drainage Division, Bhimavaram, West Godavari District.

¶20

The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada, NTR District.

¶21

...RESPONDENTS

¶22

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 declare the inaction on part of the respondents herein not releasing the final^bill amount worth of Rs. 20,99,714/-, 1)Amount of Rs.6,65,801/- vide Agreement^No.32/2023- 24 Dt 14/06/2023, 2) Amount Rs.14,33,913/-, vide its Agreement No. 33/2023-24, Dt 14-06-2023, with interest of execution and completion of O and M 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 of Article 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. 20,99,714/- for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith.

¶23

lA NO: 1 OF 2024

¶24

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 releasing the Final Bills of total amount worth of Rs. 20,99,714/-, for execution of completion of O and M works

¶25

under Irrigation Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition.

¶26

Counsel for the Petitloner(s): SRI. ANNAMNEEDI BALAKRISHNA

¶27

Counsel for the Respondents 1, 3 to 7 : GP FOR IRRIGATION^COMM

¶28

AREA DEV

¶29

Counsel for the Respondent No.2 : GP FOR FINANCE &^PLANNING

¶30

The Court made the following: ORDER

¶31

¶32

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶33

WRIT PETITION No.2450 of 2024

¶34

ORDER;

¶35

The petitioner had been awarded the contract of work(s)^underthe subject scheme in Krishna District. After execution of the said contract, a final bill was prepared for a sum of Rs.20,99,714/as per the sanctioned orders. As the payment of the said amount^hasnotbeen made by the respondents, the petitioner has approached this Court by way of this writ petition.

¶36

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.

¶37

This Court, in various orders, including the judgment^ofalearned Single Judge of this Court dated 05.10.2021 in W.P.No.^10038of2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

¶38

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,^{Bhimavaramdated}

¶39

¶40

18.04.2024. He would submit that LOG is not allotted^{tothesaidworks,} after release of the LOG the bills will be submitted^topayment,

¶41

In view of the aforesaid directions of this Gourt in various cases and after hearing the submissions of learned counsel^{forthepetitioner,} learned Government Pleader for Irrigation this Writ^{Petitionisdisposed} release the amount of of with a direction to the respondents to Rs.20,99,714/- to the petitioner, along with the interest^@6%per annum, in view of the judgment of the Honhle Division^Benehofthis of 2021 and batch dated 12.10.2023, Gourt in Writ Appeal No.724 weeks from the date of receipt of a copy of this within a period of six (06) the petitioner to agitate his claim for order. It would also be open to higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

¶42

Petitions, if any, pending in this Writ Gonsequently, Miscellaneous

¶43

Petition shall stand closed.

¶44

SDI- G.HELANAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

¶45

¶46

Government Irrigation and CAD. Water 1. The Principle Secretary to of Andhra Pradesh, Secretariat Buildings Resources Department, State A.P. Secretariat. Velagapudi. Amaravathi. Guntur District.

¶47

Department, State of Andhra Pradesh,

¶48

1. The Principal Secretary, Finance Secretariat Buildings, Velagapudi, Amaravati, Guntur District

¶49

The District Collector, District.

¶50

(Irrigation wing), Bhimavaram. West Godavari

¶51

The Engineer -in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada,^NTR District.

¶52

The Superintending Engineer, Irrigation and Water Resources Department, Irrigation Circle, Eluru, Eluru District.

¶53

The Executive Engineer, Irrigation and Water, Resources Department, Drainage Division, Bhimavaram, West Godavari District.

¶54

The Commissioner, Command Development Authority (CAD)^Water Resources Department, Government pf Andhra Pradesh, Vijayawada, NTR District.

¶55

One CC to SRI. ANNAMNEEDI BALAKRISHNA Advocate [OPUC]

¶56

Two CCs to GP for IRRIGATION COMM AREA DEV, High Court of Andhra Pradesh. [OUT]

¶57

Two CCs to GP for FINANCE & PLANNING, High Court of Andhra Pradesh. [OUT]

¶58

Three CD Copies

Madhu

HIGH COURT

DATED:19/04/2024

ORDER

WP.No.2450 of 2024

• O
13JUL
t
* CUTOO, Section A

¶65

DISPOSING THE WP WITHOUT COSTS

K. Krishna Prasad v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

K. Krishna Prasad v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

M/S Sri Dhanunjaya Constructions Vs Sri Shashi Bhushan Kumar

S.Sreenivasa Rao Vs Sri Gudala Chinna Rama Krishna

Karri Ramana Vs the State of Andhra Pradesh

Sarella Satyanarayana Vs Gupudi Subrahmanyam

P Anil Kumar Reddy Vs the State of Ap

G Raveendra Reddy Vs The State of Andhra Pradesh