Sreedhar Engineering Work vs The State Of Ap
2023 Latest Caselaw 5503 AP

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.36083 of 2022

ORDER:

1. This writ petition under Article 226 of Constitution of India is

filed to issue writ of mandamus, declaring the action of respondents

in withholding payments of bill, payable to the petitioner in relation

to the execution of work i.e., repairs to Shutters of China Cherukuru

regulator and MB Palem Channel in T.P. Guduru Mandal of SPSR

Nellore District, as illegal, arbitrary and contrary to the principles of

natural justice.

2. It is the case of the petitioner that the petitioner has executed

the work i.e., repairs to Shutters of China Cherukuru regulator and

MB Palem Channel in T.P. Guduru Mandal of SPSR Nellore District,

the respondents having been satisfied with the execution of works,

prepared the bills, but the amount was not paid, for different

reasons.

3. During hearing, learned Government Pleader for Irrigation

placed on record, the instructions issued by the Executive Engineer,

Nellore, dated 14.11.2023, stating that soon after release of LOC, the

bills will be submitted for payment.

4. In view of the above submissions, the respondents are directed

to clear the bill amounts of Rs.12,44,873/- to the petitioner, along

with the interest @ 6% per annum, 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 six (06) weeks from

the date of receipt of a copy of this order, failing which the bill

amounts will carry interest @ 12% per annum, till the actual

payment of the amount to the petitioner.

5. With the above directions, the Writ Petition is disposed of,

without touching the merits, as to the maintainability of the writ

petition. There shall be no order as to costs.

6. Consequently, Miscellaneous Petitions, if any, pending in this

Writ Petition shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J

15.11.2023 TPS

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.36083 of 2022

15.11.2023 TPS