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2023 Supreme(Online)(AP) 20595
HIGH COURT OF ANDHRA PRADESH THURSDAY ,THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26756 OF 2023 Between:
1. SRI ADITYA CONSTRUCTIONS Rep. by its Managing Partner, Suravarapu Muneeswara Rao, S/o. Nookaraju, aged. 54, R/ o. Suravarapuveedhi, Agraharam, Pithapuram, Kakinada District.
...PETITIONER(S)
AND:
1. THE STATE OF AP Rep. by its Principal Secretary, Water Resources Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
2. THE STATE OF ANDHRA PRADESH Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
3. The Executive Engineer, Water Resources Department, Yeleru Irrigation Division, Peddapuram.
4. The Deputy Executive Engineer , Water Resources Department, Yeleru Irrigation Sub Division, Pithapuram.
5. The Asst. Executive Engineer, Water Resources Department, Yeleru Irrigation Section No.2, Pithapuram.
6. The Pay and Accounts officer, Work Accounts, Kakinada.
...RESPONDENTS Counsel for the Petitioner(s): P VIVEK Counsel for the Respondents: GP FOR IRRIGATION COMM AREA DEV The Court made the following: ORDER THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.26756 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 witholding payments of bill, payable to the petitioner in relation to the exeuction of work i.e., Embankment Repairs to Right Side banks of Peddayeru Drain @ 0.000 km, Nagulapalli (v) of U.Kothapalli (M), East Godavari 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., Embankment Repairs to Right Side banks of Peddayeru Drain @ 0.000 km, Nagulapalli (v) of U.Kothapalli (M), East Godavari 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 written instructions passed by the Executive Engineer, Irrigation Division, Peddapuram, Kakinada dated 09.11.2023 stating that the due to lack of LOC, bills were not uploaded in CFMS for processing payments to the petitioner. Soon after release of the LOC, the bills will be submitted for payment.
4. In veiw of the instructions placed on record, the respondents are directed to clear the bill amounts of Rs.2,85,009/- 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
09.11.2023 LSP THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.26756 of 2023
09.11.2023 LSP
