Citation : 2024 Latest Caselaw 4570 AP
Judgement Date : 20 June, 2024
APHC010185642024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
THURSDAY ,THE TWENTIETH DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 10529/2024
Between:
M.reddeppa ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. P VASU SEKHAR
Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR IRRIGATION COMM AREA DEV
The Court made the following:
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
payment of bill, payable to the petitioner in relation to the execution of work
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
under the subject scheme, 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 written instructions issued by the Executive Engineer, Madanapalli,
dated 19.06.2024, wherein it is stated that soon after release of the budget
from the Government, payment will be made to the petitioner.
4. In view of the above submissions, the respondents are directed to clear
the bill amounts of Rs.8,11,232/- 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 20.06.2024 TPS
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.10529 of 2024
20.06.2024 TPS
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