APHC010503512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]
(Special Original Jurisdiction)
TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 26129/2024 Between:
M Mahaboob ...PETITIONER AND The State of AP and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. K NAGA PHANINDRA Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR REVENUE
3. GP FOR FINANCE PLANNING The Court made the following:
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief:
"…..to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not paying the admitted bill of Rs.3,98,113/- for the work of providing pucca internal roads/streets including drainage system and culverts with in a village under convergence funds at location from Teacher Venkateswarlu House to Guru Brahmamam House and other side roads in Kalva Bugga (Habitation) & Kalva (GP) of Orvakal Mandal under MGNREGS Scheme, vide agreement entered with 4th respondent on 15.11.2017, as illegal, arbitrary, violative of Article 14 & 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payments of above bill amount along with interest and pass such other order or orders….."
2. Most the Writ Petitions are being filed with a prayer to direct the respondents to release the amounts for the works executed by the writ petitioners.
3. The present Writ Petition is also filed to direct the respondents to pay the admitted bill amount of Rs.3,98,113/- for the work executed by the petitioner for providing pucca internal roads/streets including drainage system and culverts within a village under convergence funds at location from Teacher Venkateswarlu House to Guru Brahmamam House and other side roads in Kalva Bugga (Habitation) and Kalva (GP) of Orvakal Mandal under MGNREGS Scheme, vide agreement entered with 4th respondent on 15.11.2017.
4. The 4th respondent-The Executive Engineer, PRI Division, Kurnool, has addressed a letter dated 21.01.2025 to the Office of Government Pleader for Panchayat Raj & Rural Development, High Court of Andhra Pradesh, which shall form part of the record.
5. As seen from the said letter, in the remarks column, it is stated that due to lack of SDP grant, the bill was not processed for payment and a letter was addressed to the Chief Planning Officer, Kurnool for releasing of the grant. On careful examination of the said written instructions dated 21.01.2025, the respondents have not disputed about the execution of the work and the payment of amount due to the petitioner herein.
6. Therefore, exercising the jurisdiction under Article 226 of the Constitution of India, this Court is inclined to dispose of the Writ Petition, directing the respondents to pay the amount due to the petitioner herein within a period of six (6) weeks from the date of receipt of a copy of the order. Failing to pay the amount due to the petitioner, the petitioner is entitled to interest at the rate of 6% per annum from the date of Writ Petition till the date of realization.
7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 04.02.2025 siva THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26129 of 2024 Date: 04.02.2025 siva
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