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2023 Supreme(Online)(AP) 19461
HIGH COURT OF ANDHRA PRADESH MONDAY ,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25516 OF 2023 Between:
1. RAVURI VENKATESWARLU S/o. Venkata Rayudu Aged 56 years R/o. 3-31, Main Road, Mallavaram (V), Maddipadu (M), Prakasam District, Andhra Pradesh.
...PETITIONER(S)
AND:
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi, Guntur District.
3. The Engineer -in Chief (Irrigation) Water Resources Department, Irrigation Compound, Governetpet, Vijayawada-520002
4. The District Collector, Prakasam District at Ongole, 5. The Superintendent Engineer, Construction circle, Ongole, Prakasam District.
6. The Executive Engineer, Veligonda Project Division, Markapur.
7. The Pay and Accounts Officer, Works and Accounts, NSP Pelluru Colony, Near Nagarjuna University, Ongole-523001.
...RESPONDENTS Counsel for the Petitioner(s): ARUN SHOWRI G 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.25516 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., Construction of Temples (1) Poleramma (2) Bollavu (3) Seethalamma and (4) Veerabhadra Swamy at R&R Center Idupur-I village of Markapur Mandal for project displace familes of Kalanuthala Village of Peddaraveedu Mandal Prakasam District vide Agreement No.4/2020-21 dated 12.06.2020, 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., Construction of Temples (1) Poleramma (2) Bollavu (3) Seethalamma and (4) Veerabhadra Swamy at R&R Center Idupur-I village of Markapur Mandal for project displace familes of Kalanuthala Village of Peddaraveedu Mandal Prakasam District vide Agreement No.4/2020-21 dated 12.06.2020, 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, VGP Division, Markapur, dated 28.10.2023 stating that due to insufficent budget in respective of Head of Account, the bill could not be uploaded to CFMS. As soon as Government releases budget the bill will be uploaded and upon approval by the PAO payment will be made to the Contractor.
4. In veiw of the instructions placed on record, the respondents are directed to clear the bill amounts of Rs.47,69,108/- 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
30.10.2023 LSP THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.25516 of 2023
30.10.2023 LSP
