K Krishna Prasad vs. The State Of Ap

Held

The Court allowed the writ petition. It directed the respondents to release the admitted amount of Rs. 46,64,655/- to the petitioner within two months from the date of receiving a copy of the order. Furthermore, the Court directed that the petitioner should also be paid interest as per their entitlement, referencing a Division Bench judgment in Writ Appeal No. 724 of 2021 and batch of cases dated 12.10.2023. The Court also stipulated that if the petitioner was entitled to any higher amount, that too should be paid. The Court did not expressly leave any issue undecided. The reasoning was based on the admission by the respondents that the payment was under process and the petitioner's entitlement to the amount for completed works.

Facts

The petitioner, K. Krishna Prasad, filed a writ petition seeking a direction to the respondents (State of A.P. and others) to release the total final bills amount of Rs. 46,64,655/-, including 18% GST, for various annual maintenance works related to weed removal from major drains in the G.C. Delta for the year 2024-25. These works were undertaken under seven different agreements, all dated 04.11.2024. The petitioner contended that despite completing the works as per the agreements, the payment was withheld, causing financial loss and constituting arbitrary and high-handed action. The respondents, through the learned Assistant Government Pleader, admitted the petitioner's claim and submitted instructions indicating that the payment was under process.

Key Issues

1. Whether the inaction of the respondents in releasing the final bills amount of Rs. 46,64,655/-, including 18% GST, for the completed annual maintenance works is arbitrary and illegal, violating Articles 14, 16, and 21 of the Constitution of India? Petitioner's Arguments: The petitioner argued that the respondents admitted entitlement to the amount but failed to make the payment, which is arbitrary and high-handed, necessitating judicial intervention. The petitioner sought a direction for the immediate release of the total bill amount with interest. Respondents' Arguments: The learned Assistant Government Pleader for Irrigation, while admitting the petitioner's claim, placed on record instructions from the Executive Engineer stating that the payment for the total amount of Rs. 46,64,655/- was under process.