HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.35115 of 1998 Date: 13-07-2006 Between : B. Malleswara Rao and another. … Petitioner/s and The Executive Engineer, Irrigation Division, Ongole, Prakasam District and others. …Respondent/s HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.35115 of 1998 O R D E R : This writ petition is filed by the beneficiaries of the Lift Irrigation Scheme on Gundlakamma river, near Maddipadu village, Maddipadu Mandal of Prakasam District, declaring the action of the respondents in not releasing the arrears of Rs.3-33 Lakhs to the petitioners herein as arbitrary and illegal, and consequently to direct the respondents to release the arrears with interest at the rate of Rs.24% per annum forthwith. According to the petitioners, the project was estimated at Rs.10-00 Lakhs. Under the norms of the scheme, 50% of the estimated cost had to be borne by the Government and other 50% to be contributed by the beneficiaries. Accordingly, the beneficiaries have deposited an amount Rs.5,44,000/-. According to them, after completion of the work, the Government did not deposit its share of 50% as agreed under the scheme and still the Government has to pay an amount of Rs.3,33,000/- against the said work. On behalf of the respondents, a detailed counter has been filed denying the allegation made by the petitioner. It is stated that the Government incurred and shared the expenditure on the above L.I. Scheme as under:- a) Cost of R.C.C. pipes and Collars. Rs.3,83,122/- b) Cost of cement. Rs. 71,435/- c) Advance paid to the sponsor of Rs.2,00,000/- Stage-I scheme. d) Advance paid to the sponsor of Rs. 86,620/- Stage-II scheme. ------------------ Rs.7,41,177/- Less: Sponsors share released by the P.D.C.C. Bank on behalf of sponsors and sponsors cash paid. Rs.5,50,231/- ------------------ Total Departmental share of Rs.1,90,946/- Expenditure so far incurred. At that stage, as per the District Collector’s proceedings dated 15-12-1988, further work was executed by the sponsors themselves on their own responsibility and completed the schemes at a cost of Rs.4,96,764/- for Stage-I and at Rs.4,95,849/- for Stage-II, both put together cost Rs.9,92,613/-. It is an obligation on the part of the Department to share 50% of the expenditure from out of the scheme cost under the norms of the Telugu Grameena Kranthi Patham and the sanctions for Stages-I and II were also made accordingly by the Department. Thus the Department’s share to be paid to the sponsors, who completed the scheme comes to Rs.2,98,107/-. Therefore, the claim of the petitioners that the Department is supposed to share an amount of Rs.3,33,000/- is not true and the same is inflated. In the counter, it is also stated that in January, 1995 the petitioners have put in a representation to Sri D.Venkateswara Rao, M.P., Bapatla, stating that an amount of Rs.2-98 Lakhs is due from the Department on completion of the scheme and requested for payment of dues. Therefore, the claim of Rs.3,33,000/- made by the petitioners is incorrect and sought to dismiss the writ petition. Admittedly, in the counter, the respondents have given all the details, as noticed above. Therefore, nothing survives in this writ petition and the same is liable to be closed. The writ petition is accordingly closed. However, the amount as agreed by the respondents i.e., Rs.2,98,107/-, if not already paid, shall be paid within a period of four (4) weeks from the date of receipt of a copy of this order. __________________ (C.V. RAMULU, J) 13-07-2006. Msr. HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.35115 of 1998 13-07-2006 (Msr)