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HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRSENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 669 OF 2024 Between:
1. B.Veeresh, S/o Nandi Goud, Aged about 36 years, Occ Contractor, Chinna Nelatur, Gonegandia, Pedda Nelatur, Kurnool Gonegandia, Andhra Pradesh-518463 ...PETITIONER(S)
AND:
1. The State of Andhra Pradesh, Rep. by its Principal Secretaiy, Water Resources Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
3. The Superintending Engineer, Water Resources Department, Irrigation Circle, Kurnool District.
4. The Executive Engineer, Water Resources Department, TBP- Division, Adoni, Kurnool District.
5. The Deputy Executive Engineer, Water Resources Department, TBP Sub-
Division, Yemmiganur, Kurnool District.
6. The Assistant Executive Engineer, Water Resources Department, TBP-
Gonegandla Section, Gonegandia, Kurnool District.
...RESPONDENTS Counsel for the Petitioner(s): DASARI S V V S V PRASAD Counsel for the Respondents: GP FOR IRRI AND CAD (AP)
The Court made the following: ORDER THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.669 of 2024
ORDER:
1. The petitioner had been awarded the contract of various works under subject scheme in Kurnool District. After execution of the said contract, a final bill was prepared for a sum of Rs.63,89,158/- 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.
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 arbitrary and that such dues need to be cleared by the respondents at the earliest.
4. On the other hand, learned Government Pleader for Irrigation while admitting about the claim of the petitioner filed a counter by the
4th respondent. He would submit that all three works were completed within the Agreement period. All the measurements are taken immediately after completion of the work and also the work bills were prepared. During the submission of bills in CFMS portal the 1st and 2nd bills were not uploaded in the CFMS portal since the available budget is not in HOA and the 3rd bill was uploaded in CFMS portal.
| SI. No. | Name of the work | CFMS Bill Number | Billed Amount Gross in Rs. | M.Book No. | Remarks |
| 1. | Formation of Approach Road from Kadimetla village to Ayyakonda SC & ST village near LLC Bridge. | 12,84,347 | 1096 TBP | Bill not admitted in CFMS portal due to insufficient funds | |
| 2. | Construction of Double lane road Bridge (DLRB) at Km 316.630 across TBP LLC Main Canal | 36,35,969 | 1094 TBP 1095 TBP | Bill not admitted in CFMS portal due to insufficient funds | |
| 3. | Sectioning of Main Canal in between from Km 6.00 to Km 14.500 and repairs to 4R & 5R syphon systems in Left Main canal of Gajuladinne | 2023- 217234 | 16,01,311.59 | 1225 GDP 1000009661 (E-M Book) | Bill admitted in CFMS Portal |
| Project in Vemugodu (V) in Gonegandla (m) of Kurnool District. |
5. After completion of the work and also the work bills were prepared. Among the 3 Works, 3rd work bill is completed in full shape and submitted for payment to petitioner and work bill with CFMS token 2023-217234 bill sent to the Pay Accounts Officer for clearance of bill. Now the bill is at ready for Payment and will be cleared once the Government release of funds for clearance and it will be cleared and ready for payment. The other 2 work bills are not admitted in CFMS portal due to lack of budget in HOA.
6. In view of the aforesaid directions of this Court in various cases and 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. 63,89,158/- 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 and due amount, 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.
______________________________________ VENKATESWARLU NIMMAGADDA, J
06.03.2024 RMD THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.669 of 2023
06.03.2024 RMD
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