Sanku Veera Venkata Rambabu vs The State of Andhra Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(AP) 14191

APHC010261352024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY ,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 12970/2024 Between:
1. S ANKU VEERA VENKATA RAMBABU,, S/O. SANKU VENKATA SATYANARAYANA, AGED ABOUT 52 YEARS, R/O. D.NO. 27-03-102, NEAR RAYALAM BRIDGE, BHIMAVARAM, WEST GODAVARI DISTRICT.
...PETITIONER AND
1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
3. T HE DISTRICT COLLECTOR IRRIGATION WING, BHIMAVARAM, WEST GODAVARI DISTRICT.
4. T HE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT.
5. T HE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT IRRIGATION CIRCLE, ELURU, ELURU DISTRICT.
6. T HE EXECUTIVE ENGINEER, IRRIGATION AND WATER, RESOURCES DEPARTMENT, GODAVARI WESTERN DIVISION NIDADAVOLE, EAST GODAVARI DISTRICT.
7. T HE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT.
8. T HE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI, GUNTUR DISTRICT.
9. T HE PAY AND ACCOUNT OFFICER, DOWILESWARAM, EAST GODAVARI DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
2. GP FOR FINANCE PLANNING The Court made the following:

ORDER:

This writ petition is filed seeking the following relief:

“...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.33,74, 006/- 1) Amount of Rs.8,14,725/- vide Agreement No.14/2023-24 for which the work “O&M and annual maintanance for weed free for Branch Channels of Attili canal above Godicherla lock in irrigation section Mandapaka for the year 2023- 24”, 2) Amount Rs.8,58,864/-, vide its Agreement No.26/2023-24, for which the work “O&M to annual Maintanance for weed free for the year 2023-24 in Undi canal from Km 40.200 to 44.560, Uppuluru Channel from Km 0.000 to 9.259 and also other Channels in Yendagandi Section Bhimavaram.”, 3) Amount of Rs.8,35,890/- vide Agreement No.27/202-24, for which the work “O&M to annual Maintanance of weed free for the year 2023-24 in Undi Canal from Km 44.600 to 53.100 Chilukuru Channel bet Km 0.000 to 6.670 and also other channels in Yendagandi Section Bhimavaram”, 4) Amount of Rs.8, 64,527/- vide Agreement No.28/2023-24, for which the work “O&M to Annual Maintenance of weed free for the year 2023-24 in Anakoderu Channel bet Km 0.000 to 12.416 and also other branch channels in Yendagandi Section Bhimavaram”, with interest of execution and completion of O & 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.33,74,006/- for execution of completion of O & M works under Irrigation Department as per agreement to the petitioner forthwith, and pass...”

2. 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.

3. 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, G.W.Division, Nidadavole vide Letter No.EE/GW D/NDD/CB/IC.2/543 M, dated 26.06.2024. He submitted that works were completed and the final bills are under preparation and pending at Section Level/Sub Division Level. Soon after receipt of the work bills from the Sub Divisions, the LOC proposals will be submitted to the Higher Authorities for release of LOC for arranging payment to the petitioner and prayed to pass appropriate orders.

4. 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.33,74,006/- 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.

5. 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.

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

___________________ ___ JUSTICE B.S. BHANUMATHI Date: 05.08.2024 DSV

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