SRI SIMHADRI RAMAKRISHNA vs THE STATE OF AP

1 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.19811 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 a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the impugned action of the respondents in not releasing the First and Final Bills amount of Rs.1,76,441/- for the works executed by the Petitioner pursuant to the Measurement Book No.253A/PRI/1516 for the works i.e., Construction of R.C.C Slab Culvert across Subbarayudu canal at Venkat Narayana Nagar in Palangi Village of Undrajavaram Mandal, West Godavari District as illegal, irregular and irrational, amounts to non-discharge of a legal obligation conferred on them and offends Articles 14 and 21 of the Constitution of India and consequentially direct the respondents to pay the amount of Rs.1,76,441/- along with interest 24 per cent per annum for the delayed amount to the petitioner forthwith for the said works executed by the petitioner and to pass such other order or orders….” 2.

Heard Sri N.Siva Rama Krishna, 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 Government Assistant Pleader for Panchayat Raj appearing for respondent Nos.1, 3 to 5 on written instructions dated 06.08.2023 which are placed on record, submitted that, the respondent authorities have admitted the bill of the petitioner and 2 the bill generated vide CFMS Bill No.2023-920691 and sought time for payment.

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

5. lines.

5.

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

6.

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.

7.

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 his claim for interest, if any, payable by the respondents, if he 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 3 163 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.19811 of 2023 Dated :16.08.2023 MP