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HIGH COURT OF ANDHRA PRADESH MONDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR PRSENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5770 OF 2024 Between:
1. K KRISHNA PRASAD S/o. K. Venkateswara Rao, Aged about 42 years, R/o. D.No. 20/525-4, Parasupet, Machilipatnam, Krishna District.
...PETITIONER(S)
AND:
1. THE STATE OF AP Rep by its Principle Secretary to Government Irrigation and CAD Water Resources Resources Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The State of Andhra Pradesh , rep. By its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
3. The District Collector, (Irrigation Wing) Amalapuram, DR BR Ambedkar Konaseema District.
4. The Engineer -in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, Krishna District.
5. The Commissioner , Command Development Authority (CAD)
Water Resources Department, Government of Andhra Pradesh, Vijayawada, Krishna District.
6. The Superintending Engineer, Irrigation and Water Resources Department, Irrigation Circle, Dowlaiswaram, East Godavari District.
7. The Executive Engineer, Irrigation and Water, Resources Department, Drainage Division, Kakinada, Kakinada District.
8. The Assistant Pay and Account Officer, Kakinada, Kakinada District.
...RESPONDENTS Counsel for the Petitioner(s): ANNAMNEEDI BALAKRISHNA 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.5770 of 2024
ORDER:
1. The petitioner had been awarded the contract of various works under subject scheme in Krishna District. After execution of the said contract, a final bill was prepared for a sum of Rs.51,93,131/- 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
7th respondent. He would submit that the respondents did not stop payment as stated by the petitioner and it is happened only due to lack of release of funds from the Government. The Government has decided to make a payment after release of funds from the Finance Department. Thereafter, the amount will be credited to the petitioner’s account.
5. It is humbly submitted that the respondents did not stop payment of the petitioner and only happened due to not dropping of pending Audit Para on this work. After dropping of the Audit Para by the Public Accounts Committee, appropriate action for making the payments of pending bills i.e., release of Further Security Deposit (FSD) will be taken.
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.51,93,131/- 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 three (03) months 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
24.06.2024 klk
112 THE HON’ BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.5770 of 2024
24.06.2024 klk
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