E Sambasiva vs The State Of Ap
2023 Latest Caselaw 5505 AP

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                 WRIT PETITION No.18632 of 2023

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(s) under the subject scheme, 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(s) under the subject scheme, 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,

Madanapalli, dated 02.11.2023, stating that soon after release of

budget, the bill will be cleared.

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

to clear the bill amount of Rs.5,05,233/- 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.18632 of 2023

15.11.2023 TPS