SHAIK KADIYALA JOHN vs THE STATE OF AP

THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.18189 OF 2023 ORDER: The present Writ Petition is filed by the petitioner under Article 226 of the Constitution of India, seeking the following relief: “. . . . pleased to issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in not paying the contract bill amount to the Petitioner i.e., Rs.

7,33,031/- (Rupees Seven Lakhs Thirty Three Thousand Thirty One Only) for Construction of CC roads in Mittagudipadu Village, Manchikallu Village, Tumrukota Village of Rentachintala Mandal, Guntur District (Now Palnadu) which is illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice and in violation of Articles 14 & 21 of the Constitution of India, consequently direct the Respondents to pay the total contract bill amount of Rs.7,33,031/- (Rupees Seven Lakhs Thirty Three Thousand Thirty One Only) along with interest for the work carried by the Petitioner and pass ……” 2.

Heard Sri Manikanta Thota, learned counsel for the petitioner, learned Assistant Government Pleaders for Panchayat Raj & Rural Development and Finance and Planning Departments, Sri G.

Venkata Reddy, learned Standing Counsel for Gram Panchayat.

3.

Sri G.

Venkata Reddy, learned Standing Counsel and learned Assistant Government Pleader for Finance Department, based on the written instructions dated 25.07.2023, collectively submitted that, the petitioner’s bill for an amount of Rs.7,33,031/- is waiting for fund clearance and it will be cleared in due course and sought some more time.

They also submitted that, in similar set of facts this Court 2 passed Order dated 28.06.2022 in W.P.No.17411 of 2022 wherein granted six (06) weeks’ time for payment and accordingly, prayed to consider the present case also in similar lines.

4.

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

5. ection.

5.

Taking into consideration the submissions of both the learned counsel, this Writ Petition is also disposed of, at the admission stage, in terms of the orders passed in W.P.No.17411 of 2022, dated 28.01.2022.

6.

Accordingly, the respondents are directed to release the admitted/legally entitled amount 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.

7.

However, with regard to interest is concerned the petitioner is at liberty to approach appropriate forum, if so advised.

There shall be no orders as to costs.

Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI 28thJuly, 2023 GBS