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2023 Supreme(Online)(AP) 20077
HIGH COURT OF ANDHRA PRADESH SATURDAY ,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26290 OF 2023 Between:
1. N VENKATESWARA REDDY S/o. late. N. Venkatasubba Reddy Aged 56 Years, Occ. Contractor R/ o. Reddivaripalle Village, Kannemadugu Post, Thamballapalli Mandal, Annamayya District.
...PETITIONER(S)
AND:
1. THE STATE OF AP Rep. by its Principal Secretary, Irrigation and CAD Department, Secretariat Velagapudi, Amaravati, Guntur District
2. The Principal Secretary, Finance and Planning Department Government of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District.
3. The Superintending Engineer (WRD), Irrigation Circle, Chittoor, Chittoor District. (erstwhile Annamayya District)
4. The Executive Engineer (WRD) Irrigation Division, Madanapalle, Annamayya District.
...RESPONDENTS Counsel for the Petitioner(s): MD SALEEM 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.26290 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., Restoration of Check Dam Across Pedderu near Kummaravari Palli H/o. Peddathippa Samudram (V) in P.T.M (M) of Chittoor District (Item No.08) vide Agreement No.594SE/2017- 18 dated 26.09.2017, 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., Restoration of Check Dam Across Pedderu near Kummaravari Palli H/o. Peddathippa Samudram (V) in P.T.M (M) of Chittoor District (Item No.08) vide Agreement No.594SE/2017-18 dated 26.09.2017, 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, Madanapalle, dated 11.10.2023 stating that the respondents will address a letter to the Government for providing budget. Soon after release of budget, bills will be paid to the petitioner.
4. In veiw of the instructions placed on record, the respondents are directed to clear the bill amounts of Rs.17,80,449/- 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
04.11.2023 LSP THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.26290 of 2023
04.11.2023 LSP
