IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE FOURTH DAY OF JUNE, TWO THOUSAND NINE ONLY WRIT PETITION No.8947 of 2009 Between: M/s. G. Venkata Reddy & Co., rep., by its Managing Partner G. China Venkata Reddy Vallabhapuram Village, Kollipara Mandal, Guntur District. … Petitioner And The State of Andhra Pradesh, rep., by its Secretary, Irrigation & CAD (IW-ARB) Dept., Secretariat, Hyderabad & others. … Respondents Counsel for the petitioner : Sri Subba Reddy Counsel for the respondents: AGP for Irrigation This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8947 of 2009 ORDER:- This writ petition is filed for a Writ of Mandamus to declare the action of the respondents in not complying with G.O.Ms.No.198, dated 29.11.2008, as illegal and arbitrary. The petitioner’s entitlement to the payment of a sum of Rs.1,28,00,000/- is admitted by the respondents. The said amount is due for a very long time and in recognition of their liability to pay, respondent No.1 issued G.O.Ms.No.198, dated 29.11.2008, wherein sanction was accorded for payment of the said sum towards full and final settlement of the claim of the petitioner. The grievance of the petitioner is that having issued the said G.O., the same is not complied with so far though more than six months elapsed. The learned Assistant Government Pleader for Irrigation submitted that due to financial constraints, the Government is unable to make payment after issuance of the said G.O. and that it will make all its endeavour to pay the amount at the earliest possible time. In my considered opinion, respondent No.1 cannot keep the petitioner in tenterhooks by withholding the amount, which is admittedly due to him. Having issued the G.O., sanctioning the payment, respondent No.1 is expected to make payment within a reasonable time. Non-payment of the amount due to the petitioner has resulted in a situation where respondent No.1 has violated its own commitment made in G.O.Ms.No.198, dated 29.11.2008. The financial constraints of respondent No.1 cannot be a legitimate reason to withhold the amount due to the petitioner for unduly long periods. The respondents are therefore directed to comply with G.O.Ms.No.198, dated 29.11.2008 and G.O.Rt.No.1371, dated 30.03.2009 as expeditiously as possible by paying the amounts mentioned therein to the petitioner and at any rate not later than three months from today. If the said amount is not paid within the abovementioned time, the petitioner, besides being entitled to initiate contempt proceedings, will be entitled to payment of interest at the market rate from the date of issuance of G.O.Ms.No.198, dated 29.11.2008 till the payment is made to him. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.11705 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 04.06.2009 ES