Sd. Amanulla, vs The State Of Andhra Pradesh
2022 Latest Caselaw 8784 AP

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.20583 OF 2021

JUDGMENT:-

1.     Heard Sri Kambhampati Ramesh Babu, learned counsel

for the petitioner, learned Government Pleader for Municipal

Administration, representing respondent Nos.1 and 6, Smt V.

Padmaja, learned Assistant Government Pleader for Finance,

representing respondent Nos.2 to 5 and Sri N. Ranga Reddy,

learned standing counsel for the respondents 7 and 8.

2. With the consent of the parties counsels, the writ petition

is being disposed of finally at this stage.

3. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"It is therefore prayed that this Hon'ble Court may be pleased to pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing payment for the bill to the tune of Rs.50,59,619/- of the petitioner for the work executed by him namely laying of CC Drains 85 Pipe Lines in 6th and 7th wards in Venkatagiri Municipality under Scheduled Casts Sub Plan 2018-2019 (Package-3) and cancelling the bill No.2019-237432 pertaining the said work without assigning any reason as illegal arbitrary malafidy highhanded and contrary to the procedure established by law apart from being voilative of Articles 14 and 19(g) of the Constitution of India consequentially direct the respondents to release the payment of above bill

along with interest forthwith in the interest of justice and pass necessary orders."

4. Learned counsels for the respondents submit on the basis

of written instructions that the petitioner's payment under the

bill, as in the present writ petition for the work in question

under the agreement, has been made.

5. Learned counsel for the petitioner does not dispute

payment as aforesaid, but submits that in respect of the

petitioner's prayer for interest on delayed payment liberty may

be granted to the petitioner to raise such claim before the

appropriate forum.

6. So far as the petitioner's prayer for interest is concerned,

it would involve determination of various factors including

questions of fact. Consequently, at this stage in the exercise of

writ jurisdiction, the Court is not entering into that aspect, and

as requested by the learned counsel for the petitioner, the

petitioner is granted liberty to approach the appropriate forum,

if so advised.

7. Accordingly, the writ petition is disposed of granting the

liberty to the petitioner in respect of the interest part as

aforesaid. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date:16.11.2022 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.20583 OF 2021

Date:16.11.2022 Gk.