G APPA RAO vs The State of Andhra Pradesh

THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.20876 OF 2023 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “….. to issue order or orders direction or directions Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of work vide Agreement No.

Agreement LR No.57/TS/EE-I/PHC/VSP/18-19 dt.26.01.2019, total amount of Rs.13,86,289/- to the petitioner and interest till the day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) (g), 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with interest 24% and to pass ….” 2.

Heard Sri K.L.N.Swamy, learned counsel for the petitioner, learned Assistant Government Pleader for Finance & Planning Department appearing for respondent No.2 and Sri K.C.Venkata Reddy, learned Standing Counsel for APSPHCL appearing for respondent Nos.1 and 3.

2 3.

Learned Assistant Government Pleader for Finance & Planning Department appearing for respondent No.2, on written instructions dated 21.09.2023, which is placed on record, submitted that the authorities are ready and willing to pay the net amount to the petitioner and sought six (06) weeks’ time for payment.

He further submitted 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.

4.

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

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.

6.2022.

Accordingly, the respondents are directed to release the balance amount after deductions to the petitioner, at the earliest and at any rate, within a period of six (06) 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 he is so 3 advised, in an appropriate forum.

There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ JUSTICE RAVI CHEEMALAPATI 22nd September, 2023 SCH/BSK