Gudivada Erninaidu vs The State Of Andhra Pradesh
2023 Latest Caselaw 5506 AP

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                      WRIT PETITION No.9342 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 i.e., improvements to Palakattu tank (reach-

II) of Valemeraka Village in Pendurthi Mandal of Visakhapatnam

District under D.R.No.53/2018-19, Agreement No.78/2018-19, dated

15.06.2018, 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., improvements to Palakattu tank (reach-II) of

Valemeraka Village in Pendurthi Mandal of Visakhapatnam District

under D.R.No.53/2018-19, Agreement No.78/2018-19, dated

15.06.2018, the respondents having been satisfied with the execution

of works, prepared the bill, 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 Deputy Executive

Engineer, Visakhapatnam, dated 04.10.2023, stating that soon after

release of budget by the Government, the bill will be cleared.

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

to clear the bill amounts of Rs.7,66,069/- 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.9342 of 2023

15.11.2023 TPS