CH MURALIMOHANRAO vs THE STATE OF ANDHRA PRADESH

1 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.17957 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 one in the nature of Writ of Mandamus or any other appropriate Writ declaring the action of the Respondents in withholding the payment of net amount Rs.19,32,351/- even after finalizing the bills payable to the petitioner in relation to the works i.e., Renovation of Adavipalem Pumping Scheme on Krishna West bank canal in Nagayalanka Mandal on Krishna District on turnkey basis vide agreement 3/2018-19 dated 30.04.2018 and Supplemental Agreement No 3/2018-19 dated 25.07.2018 under Pumping System as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of net amount Rs.19,32,351/- with interest for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith and pass such other order or orders….” 2.

Heard Sri A.Bhaskara Chary, learned counsel for the petitioner, learned Assistant Government Pleader for Irrigation appearing for respondent No.1, learned Assistant Government Pleader for Finance & Planning appearing for respondent Nos.2 and 6, learned standing counsel for the Andhra Pradesh State Irrigation Development Corporation appearing for respondent Nos.3 to 5.

3.

Learned standing counsel for respondent Nos.3 to 5, on written instructions dated 27.07.2023, submitted that, the 2 respondents have admitted the bill amount of the petitioner, however, they have to receive additional budget from the Government and sought eight (8) weeks time for the above process and uploading the bill of the petitioner in CFMS.

4.

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

5. ection.

5.

In view of the above, as the respondent authorities intend to release the amount of the petitioner within a period of eight (8) weeks, this Writ Petition is disposed of, at admission stage itself, with the consent of learned counsel for both the parties.

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 eight (08) 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 03.08.2023 MP 3 190 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.17957 of 2023 Dated :03.08.2023 MP