2025:APHC:10826 APHC010256092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]

(Special Original Jurisdiction)

Monday, the Tenth day of February Two Thousand and Twenty Five Present The Honourable Ms Justice B.S. Bhanumathi Writ Petition No: 12507/2024 Between:

Manasa Constructions ...Petitioner and The State of AP and others ...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:

“…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.28,86,317/-, 1) Amount of Rs.6,81,157/- vide Agreement No.77/2023-24 for which the work “O and M to annual maintenance of weed free on channels and its branch channels of bank canal in Irrigation Section Peravali for the year 2023-2024”, 2) Amount Rs.7,33,240/- vide its Agreement No.80/202324, for which the work “O and M to annual maintenance of weed free on Narasapuram canal from km 25.800 to km 40.200 of Irrigation sections Pervali, Marteru and Achanta new channel, four Branch channels of Rapaka channel in Irrigation Sub Division Narasapuram for the year 2023-2024”, 3) Amount of Rs.7,35,925/- vide Agreement No.78/2023-24, for which the work O and M to annual maintenance of weed free on Rapaka channel and its Branch channels in jurisdiction of Irrigation Section Marteru for the year 2023-2024”, 4) Amount of Rs.7,35,995/- vide Agreement No.79/202324, for which the work “O and M to annual maintenance of weed free on Achanta channel and its branch channels and all minor channels and its branch channels in jurisdiction of irrigation section Marteru for the year 2023-24 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 completed as per the agreement as illegal, arbitrary and violative of Article was 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.28,86,317/- for execution of completion of O and M works under Irrigation Department as per agreement to the petitioner forthwith, and pass…”

02. It is the contention of the petitioner that even though 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.

03. On the other hand, the learned Assistant Government Pleader for Irrigation, placed on record instructions received from the Executive Engineer, G. W. Division, Nidadavole, issued vide Lr.No.EE/GWD/NDD/CB/IC.2/1170M, dated 21.10.2024. He further submitted that the petitioner had done only 20%

of the work and that bill would be paid for 20% of the work done only.

04. It is pertinent to mention that the petitioner claimed Rs.28,86,317/-, whereas in the written instructions, the respondents admitted for payment of 20% of the work. The Order is limited to the amount admitted by the respondents. But, this Order does not disentitle the petitioner for higher amount, if he is so entitled.

05. In view of the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation, this writ petition is disposed of with a direction to the respondents to release the payment of 20% of the work done to the petitioner, within a period of two (02) months from the date of receipt of a copy of this order. However, if the petitioner is entitled to any higher amount, the same shall also be paid as per the entitlement. There shall be no order as to costs.

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