A V N CONSTRUCTIONS vs THE STATE OF ANDHRA PRADESH

1 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.19770 of 2023 ORDER: This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking 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 respondent authorities in not releasing an amount of Rs.16,25,441/- to the petitioner for the execution of works Vide Agreement No.1000111497/2018-19 dated 09.01.2019 Vide Agreement No.1000111771/201819 dated 09.01.2019 respectively as arbitrary illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest at 18 % per annum and to pass such other order or orders….” 2.

Heard Sri Vineeth Appasani, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj & Rural Development appearing for respondent Nos.1, 3 to 5 and learned Assistant Government Pleader for Finance & Planning appearing for respondent Nos.2 and 6.

3.

Learned Assistant Government Pleader for Panchayat Raj appearing for respondent Nos.1, 3 to 5, on written instructions dated 16.08.2023 which is placed on record, submitted that, the respondent authorities have admitted the bill of the petitioner and the same will be uploaded in CFMS and sought time for payment.

He brought to the notice of this Court that, this Court, vide order 2 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. ection.

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 respondent authorities are directed to release the admitted/legally entitled amount to the petitioner at the earliest, and at any rate, within a period of six (6) 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 it is so advised, in an appropriate forum.

There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE RAVI CHEEMALAPATI 16.08.2023 MP 3 183 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.19770 of 2023 Dated :16.08.2023 MP