Andhra Pradesh High Court - Amravati
Swarna Venkateswarlu vs The State Of Andhra Pradesh on 6 December, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.30849 of 2023
ORDER:
The present Writ Petition came to be filed under Article 226
of the Constitution of India seeking the following relief:-
"...to issue a writ, order or direction more particularly one in
the nature of WRIT OF MANDAMUS declaring the action of
respondents in non-payment of amount Rs.17,38,089/- even
after finalizing the bills, payable to me after the successful
completion of the execution of work i.e., "construction of
Gokulam shed for 20 animals at Kaluzuvvalapadu Village,
Tarlapadu Mandal of Prakasam District" under "MEGA
GOKULAM" (Integrated Animal Shelter) programme, as illegal,
irregular, arbitrary, violative of the provisions of Mahatma
Gandhi National Rural Development Act 2005; rules and
regulations framed there under and offends under Articles 14,
21 and 300-A of Constitution of India and consequently direct
the respondents to pay said amount due to me in respect of
execution of said work forthwith and to pass ......."
2. Heard Sri Nimmagadda Revatthi, learned counsel for
the petitioner, learned Government Pleader for Fisheries, learned
Government Pleader for Animal Husbandry, learned Government
Pleader for Finance and Planning, Sri G. Venkata Reddy, learned
Standing Counsel for respondent No.7 and Sri. M. Uma Devi,
learned Standing Counsel for Central Government.
3. Learned counsel for the petitioner submits that even
though respondents admitted that the petitioner is entitled for
payment of the aforesaid sum of money, no payment is being
made and such non-payment of money is clearly arbitrary and
high-handed and thereby requires interference by this Court.
4. 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 needs to be
cleared by the respondents at the earliest.
5. Learned Government Pleader has produced a copy of
the instructions of the District Animal Husbandry Officer, Ongole,
vide Lr.Rc.No.1124/C/2023, dated 06.12.2023, wherein it is
stated that the Departmental Computer Centers (DCC) of Animal
Husbandry Department has uploaded FTOs for an amount of
Rs.12,73,883/- and pending with Panchayat Raj Department for
fund clearance. It is further stated that vid memo dated
04.04.2023, the Commissioner, PR&RD has issued instructions to
their PR&RD staff to execute balance work if any relating to
Gokulams and Mini Gokulams and also to upload the FTOs for the
remaining works. Based on the instructions of the Commissioner,
the M-books and connected filed related to these works were
transferred to local Panchayat Raj Staff for execution of balance
work and processing of pending payments. Hence, the execution of
balance works and pending payments should be attended by the
Panchayat Raj and Rural Development staff only.
6. Learned Government Pleader further requested this
Court to grant six (6) weeks' time for release of the aforementioned
admitted amount payable to the petitioner.
7. In view of the aforesaid directions of this Court in
various cases and after hearing both sides, this Court is inclined
to dispose of the Writ Petition with a direction to the respondents
to complete the payment of admitted amount of Rs.12,73,883/-
due to the petitioner within a period of six (06) weeks from the
date of receipt of a copy of this order. However, the petitioner is at
liberty to agitate his claim for the balance amount, if any, payable
to him by the respondents. It would also be open to the petitioner
to agitate his claim for interest, if any, payable by the respondents
in an appropriate forum.
8. In view of the same, the Writ Petition is disposed of.
There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_______________________
JUSTICE V.SUJATHA
Date : 06.12.2023
GSS
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.30849 of 2023
Date : 06.12.2023
GSS
