BharatTaxGST

T B Raghavendra Naidu vs. The State Of Ap

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WP/5016/2024HC Andhra PradeshGSTCNR APHC01009309202414 March 2024Bench: VENKATESWARLU NIMMAGADDA8 pages
For Petitioner: M/S. PRASANTHI GUDEFor Respondent: GP FOR FINANCE PLANNING

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIFTEENTH DAY OF MARCH ' TWO THOUSAND AND TWENTY FOUR PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5016 OF 2024 Between: T B Raghavendra Naidu, President, WUA No-04, S/0 Late Kristappa , R/o Thinppanuru Village, Gonegandia Mandal, Kurnool Dist. ^ ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi Guntur District. 2. State of Andhra Pradesh, Represented by its. Special Chief Secretary, Department of Irrigation and Water Resources Secretariat, Velagapudi Guntur District. 3. The Chief Engineer, Water Resources Department, Minor Irrigation Vijayawada, Krishna District. The Executive Engineer, T.B.P Division, Adoni, Kurnool District. ' 4. 5. The Deputy Executive Engineer, G.D.P.Sub-Division, GDP DAM SITE, Kurnool District. 6. The District Collector, Kurnool District. 7. The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex, RamaMandiram Street, Governorpet, Vijayawada Krishna District., ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the final bill amount of Rs.2,69,000 /- to the petitioner including interest for the works 1) Improvements for Distributories in Right Main Canal under WUA.4 under Neeru Chettu of Gajuladinne Project Gonegandia (M) in Kurnool District in pursuance of Agreement with the 4“^ respondent Vide Agreement Nos.14/2017-18 dated 12.05.2017, as being illegal, arbitrary, violation of principles of natural justice and Unconstitutional and consequently direct the respondents to pay undisputed final bill amount of Agreement Nos.14/2017-18 dated 12.05.2017, to the petitioner including interest for the works. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release undisputed final bill amount of Rs.2,69,000 /- to the petitioner including interest for the works, in respondent Vide Agreement th pursuance of Agreement with the 4 Nos.14/2017-18 dated 12.05.2017. x Counsel for the Petitioner: M/S. PRASANTHI GUDE Counsel for the Respondent No.1: GP FOR FINANCE PLANNING Counsel for the Respondent Nos.2 to 7: GP FOR IRRIGATION

The Court made the following ORDER:

APHC010093092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri iction) [3329] FRIDAY, THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5016/2024 Between: ...PETITIONER T B Raghavendra Naidu AND ...RESPONDENT(S) The State Of AP and Others Counsel for the Petitioner: 1.PRASANTHI GUDE Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR IRRIGATION COMM AREA DEV The Court made the following: The petitioner had been awarded the contract of work(s) under the subject scheme in Kurnool District. After execution of the said contract, a final bill was prepared for a sum of Rs.2,69,000/- as per the sanctioned As the payment of the said amount has not been made by the 1. orders. ■'V.

respondents, the petitioner has approached this Court by way of this writ petition. 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 payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 2. non-

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. 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, Adoni, dated 07.03.2024. He would Assistant Executive Engineer, Dam Section addressed a letter to the petitioner to produce the GST Registration Number for processing the bill. Soon after the production of GST particulars, payments will be made to the petitioner. 4. submit that the 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 5. -a direction to the respondents to release the amount of Rs.2,69,000/- to the, petitioner, along with the interest @ 6% per annum, subject to the condition of the petitioner furnishing the GST particulars to the respondents, 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 two (02) months from the date of receipt of a copy of this order. It would also be to the petitioner to agitate his claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. open Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. M PRABHAKAR RAO ASSISTANT REGISTRAR //// / OFFICER SEC To 1 The Principal Secretary, State of Andhra Pradesh, Department of Secretariat Buildings, Velagapudi, Finance and Planning, Amaravathi Guntur District.

2.

The Special Chief Secretary, State of Andhra Pradesh, Department of Irrigation and Water Resources Secretariat, Velagapudi, Guntur District.

3.

The Chief Engineer, Water Resources Department, Minor Irrigation Vijayawada, Krishna District.

4.

The Executive Engineer, T.B.P Division, Adoni, Kurnool District.

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5.

The Deputy Executive Engineer, G.D.P.Sub-Division, GDP DAM SITE, Kurnool District. The District Collector, Kurnool District. The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex, RamaMandiram Street, Governorpet, Vijayawada Krishna District. One CC to M/S. PRASANTHI GUDE Advocate [OPUC] Two CCs to GP FOR FINANCE PLANNING, High Court Of Andhra Pradesh [OUT] Two CCs to GP FOR IRRIGATION AND COMMON AREA DEVELOPMENT, High Court of Andhra Pradesh [OUT Three CD Copies 6. 7. 8. 9.

10.11.

NPC- AF Section a HIGH COURT DATED:15/03/2024 ORDER g 2 0 JAN 2125 I ^ . Current Section WP.No.5016 of 2024 DISPOSING THE WP WITH NO COSTS

Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.