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2023 Supreme(Online)(AP) 11613
HIGH COURT OF ANDHRA PRADESH THURSDAY ,THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12766 OF 2023 Between:
1. ALAVALA MANOHAR GUPTA S/o. Vittal Rao, Aged 35 years, 0(1.7. Contractor, RR). D.No, 10-1-16A, Vasa Samuel Street, Near Vanuvulamma Village, Narasapuram, West Godavari District.
...PETITIONER(S)
AND:
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravathi, Guntur District.
2. State of Andhra Pradesh Rep. by its Principal Secretary Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.
3. The Commissioner, Panchayat Raj and Rural Development Department, Government of Andhra Pradesh, NH-16, Tadepalli, Guntur District.
4. The Engineer-in-Chief, Panchayat Raj, AP, ZP Compound, Opp to PWD Grounds, Bandar Road, Vijayawada.
5. The District Collector, West Godavari District, Bhimavaram.
6. Superintending Engineer, PRI Division, Mahatma Gandhi National Rural Employment Guarantee (MGNREG) Scheme, West Godavari District, Bhimavaram. 7. Executive Engineer, PRI Division, Narasapuram Cluster Mahatma Gandhi National Rural Employment Guarantee (MGNREG)
Scheme, Narasapuram, West Godavari District.
8. The Mandal Parishad Development Officer and Programme Officer of MGNREGS, Narasapuram Mandal, Narasapuram, West Godavari District.
9. The Extension Officer (PR and RD) Narasapuram Mandal, West Godavari District.
10. The K. Navarasapuram Gram Panchayat, Rep. by its Special Officer-
cum-Extension Officer, Under Mahatma Gandhi National Rural Employment Guarantee (MGNREG) Scheme, Narasapuram Mandal, West Godavari District.
11. The Union of India, Rep. by its Secretary, Rural Development Department, Government of India, Krishi Bhavan, Dr. Rajendra Prasad Road, New Delhi-110001.
12. The Director, Mahatma Gandhi National Rural Employment Guarantee (MGNREG) Scheme, Ministry of Rural Development, Government of India, Krishi Bhavan, New Delhi.
...RESPONDENTS Counsel for the Petitioner(s): RAMBABU KOPPINEEDI Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV2023:APHC:24411 The Court made the following: ORDER THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.12766 OF 2023
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…. to issue a Writ Order or Direction more particularly one in the nature of Writ Of Mandamus or any other appropriate writ or direction declaring the action of the respondents in not releasing the petitioners admitted bills and not issuing FTO’s in respect of work ID No.90084 in Measurement Book No. 486/B/MGNREGS/18-19 for an amount of Rs.3,45,859/- for Construction of additional Space to health (Wellness) at K Navarasapuram Village of Narasapuram Mandal, West Godavari District as illegal arbitrary and violative of Art 14 and 21 of Constitution of India and contrary to the Rules and Regulations of the National Rural Employment Guarantee Act and consequently direct the respondents to issue and comply with FTO’s by releasing funds in respect of above mentioned Work IDs and pass….”
2. Heard learned counsel for the petitioner, learned Government Pleader for Finance & Planning appearing for respondent No.2 and learned Government Pleader for Panchayat Raj & Rural Development appearing for respondent Nos.1, 3, 4, 5, 9 and 11.
3. Learned Government Pleader for Finance & Planning appearing for respondent No.2 and learned Government Pleader for Panchayat Raj & Rural Development appearing for respondent Nos.1, 3, 4, 5, 9 and 11, on written instructions dated 08.07.2023, which is placed on record, collectively submitted that, the bill amount of the petitioner has been admitted by the authorities and the same will be paid to the petitioner in due course and sought time for payment. They also submitted that this Court, vide order dated 28.06.2022 in Writ Petition No.17411 of 2022, granted six (06) weeks time for payment of the bill amount and prayed to consider this Writ Petition in similar lines.
4. To the said submission, learned counsel for the petitioner reported no objection.
5. In view of the above, with the consent of learned counsel for both the parties, this Writ Petition is disposed of, at admission stage, in terms of the orders passed in W.P. No.17411 of 2022 dated 28.06.2022.
6. Accordingly, the respondents are directed to release the admitted/legally entitled amount to the petitioner at the earliest and at any rate, within a period of six (06) weeks from the date of receipt of a copy of this order. It would be open to the petitioner to agitate its claim for interest, if any, payable by the respondents, if he is so advised, in an appropriate forum.
There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
__________________________________
JUSTICE RAVI CHEEMALAPATI
13th July, 2023 TJN/KKV
236 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO. 12766 OF 2023 Date: 13-07-2023 TJN/KKV HIGH COURT OF ANDHRA PRADESH Writ Petition No. 12766 OF 2023 PROCEEDING SHEET
| Sl No. | Date | ORDER | OFFICE NOTE |
| 02 | 13.07.2023 | R C, J The present Writ Petition is disposed of. (Vide Separate Order) RC, J TJN/KKV |
