S Jakeer Hussain vs The State Of Andhra Pradesh,
2024 Latest Caselaw 9014 AP

Andhra Pradesh High Court - Amravati

S Jakeer Hussain vs The State Of Andhra Pradesh, on 27 September, 2024

                         IN THE HIGH COURT OF ANDHRA
APHC010295772024
                                   PRADESH
                                 AT AMARAVATI
                                                                  [3329]
                              (Special Original Jurisdiction)

       FRIDAY ,THE TWENTY SEVENTH DAY OF SEPTEMBER
               TWO THOUSAND AND TWENTY FOUR

                                 PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION NO: 14873/2024

Between:

Kilarapu Srinivasa Rao                                     ...PETITIONER

                                   AND

The State Of Andhra Pradesh and Others                ...RESPONDENT(S)

Counsel for the Petitioner:

  1. PAMARTHI KAMESWARA RAO

Counsel for the Respondent(S):

  1. GP FOR PANCHAYAT RAJ RURAL DEV
  2. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP
     LTD)
  3. GP FOR HOUSING
  4. GP FOR FINANCE PLANNING

The Court made the following:
                                        2




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 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 bills, but the amount was not

paid, for different reasons.

3. During hearing, learned Government Pleader for Irrigation placed on

record, the written instructions passed by the Executive Engineer, PRI

Division, Machilipatnam, dated 14.08.2024 stating that the bill of the

petitioner will be processed in CFMS immediately after release of LOC by

the Government and based on seniority and availability of budget

provisions.

4. In view of the instructions placed on record, the respondents are

directed to clear the bill amount of Rs.9,08,328/- 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

27.09.2024 klk

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.14873 of 2024

27.09.2024 klk