KANDYALA ADILAKSHMI vs THE STATE OF AP

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6930 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 withholding payments of bill, payable to the petitioner in relation to the execution of work under the subject scheme, 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 under the subject scheme, 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 instructions issued by the Executive Engineer, Chittoor, dated 04.11.2023.

He submits that due to non-release of BRO, the bill was not paid to the petitioner.

Soon after, release of BRO, the bill amount will be paid to the petitioner.

4.

In view of the above submissions, the respondents are directed to clear the bill amount of Rs.7,83,742/- 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 2 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 08.11.2023 BSP 3 165 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6930 of 2023 08.11.2023 BSP