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2023 Supreme(Online)(AP) 15981

HIGH COURT OF ANDHRA PRADESH MONDAY ,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22754 OF 2023 Between:

1. SAI GANESH ENGINEERING INDUSTRIES Rep by its Proprieter, Kamboji Hymavathi, W/o Late Sathish Kumar, Aged. 53 years, Occ. Proprietor, R/o. Near Seven Temples,Plot No. 8and9, Sai Dwarakamai Apartments, New Bowenpally, Secunderabad, Hyderabad, Telangana State.

...PETITIONER(S)

AND:

1. THE STATE OF AP Rep. by its , Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District.

2. The District Collector (Panchayat Wing), Tirupathi , SPSR Nellore/Tirupathi District.

3. The Engineer-In-Chief, Rural Water Supply and Sanitation, Gollapudi, Vijayawada, NTR District.

4. The District RWS Engineering Officer , Tirupathi, Tirupathi District.

5. The Executive Engineer, RWS and S Division, Gudur, Tirupathi District.

6. The Deputy Executive Engineer, RWSandS Division, Gudur Sub-Division, Tirupathi District.

7. The Deputy Executive Engineer, RWSandS Division, Venkatagiri Sub-

Division, Thirupathi District.

8. The Deputy Executive Engineer, Sullurupet Sub-Division, Thirupathi District.

9. The State of Andhra Pradesh, Rep by its, Principal Secretary, Department of Finance and Planning, Secrateriat, Velagapudi, Guntur District.

...RESPONDENTS Counsel for the Petitioner(s): SOURI BABU DUPPATI Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER THE HONBLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.22754 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 declaring the action of the Respondents in not releasing funds with the different M Book Nos. (i) 1068-B/2019-20 for cost and supply of Hand pump spares for conducting crash programme for the year 2020 in RWS and S Sub division Gudur (ii) 830B/2016-17 for cost and supply of Hand pump spares for conducting crash programmee for the year 2020 in RWS and S Sub division Venkatagiri (iii) 97-B/2016-17 for cost and supply of Hand pump spares fot conducting crash programmee for the year 2020 in RWS and S Sub division Sullurpet under Maintanance of Hand pumps Grant MHP funds as illegal irregular arbitrary violative of Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents to pay the amounts with interest as per the aforesaid Measurement Book Number under the Maintanance of Hand pumps Grant MHP forthwith to the petitioner and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.….”

2. Heard Sri Souri Babu, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj appearing for Respondent Nos.1 and 2, learned Assistant Government Pleader for Irrigation Department appearing for Respondent Nos. 3 to 8 and learned Assistant Government Pleader for Finance Department appearing for Respondent No.9.

3. Learned Assistant Government on written instructions dated 31.08.2023, which is placed on record, submitted that, the petitioners bills were pending for want of funds and the higher officers were addressed to release of funds under the above head of account for arranging payment to the agency. It was also incorporated in the budget proposals for the financial year 2023-24 and sought six (06) weeks time for such payment. They also submitted that, in similar set of facts this Court passed Order dated 28.06.2022 in W.P.No.17411 of 2022 wherein granted six (06) weeks’ time for payment and accordingly, prayed to consider the present case also in similar lines.

4. To the said submission, learned counsel for the petitioner reported no objection.

5. Taking into consideration the submissions of both the learned counsel for the petitioner as well as learned Assistant Government Pleader for the respondents as the authority intends to pay the amount, this Writ Petition is disposed of, at the admission stage, with the consent of both the learned counsel by passing the following order:

The respondent-authorities are hereby directed to release the 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.

There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

_________________________

JUSTICE RAVI CHEEMALAPATI

11th September, 2023 SCH

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