P.Jayalakshmi vs. The State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble Kongara Vijaya Lakshmi
Case Status:Disposed
Order Date:27 Nov 2020
CNR:APHC010336732020

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Order Issued After Hearing

Purpose:

Admission (Education )

Before:

Hon'ble Kongara Vijaya Lakshmi

Listed On:

27 Nov 2020

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Order Text

$[2693]$

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE TWENTY SEVENTH DAY OF NOVEMBER, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION NO: 22291 OF 2020

Between:

P.Jayalakshmi, W/o. P.Balaji, Aged about 40 years, Occ: Contractor, R/o. Beechigari Palli, Parigi (Mandal), Ananthaptu, District

...Petitioner

AND

    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of School Education, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
    1. The Managing Director, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Door.No.7-96, Sree Sai Fortune Heights, Vaddeswaram Village, Tadepalli, Guntur District. Pincode- 522 502.
    1. The Commissioner School Education and EX-Officio Project Director, Samagra Shiksha, Anjaneya Towers, Ibrahimpatnam, Krishna District, Pincode: 521 456.
    1. The State Project Director, Samagra Shiksha, Amaravathi, KBC Zilla Parishath High School, Opp. Raithu Bazar, Patamata, Vijayawada, Krishna District. Pincode- 520 010.
    1. The Chief Engineer, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Door.No.7-96, Sree Sai Fortune Heights, Vaddeswaram Village, Tadepalli, Guntur District. Pincode- 522 502.
    1. The Superintending Engineer, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Kadapa, YSR Kadapa District.
    1. The Executive Engineer, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Paunas Bavan, Ananthapur, Ananthapur District. Pincode- 515 001.

...Respondents

WHEREAS the Petitioner above named through her Advocate Sri SURESH KUMAR REDDY KALAVA presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of balance amount Rs.63,60,858/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., construction of Girls Hostel attached to Modal School Building at Hindupur village (V & M), in Ananthapuram District is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amount of Rs.63,60,858/- with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Suresh Kumar Reddy Kalava, Advocate for the Petitioner and GP for Finance for the Respondent No.1 and GP for School Education for the Respondent Nos. 2, 4 and 5, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

  1. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, State of Andhra Pradesh, Guntur District.
    1. The Principal Secretary, Department of School Education, Secretariat Buildings, Velagapudi, Amaravathi, State of Andhra Pradesh, Guntur District.
    1. The Managing Director, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Door, No.7-96, Sree Sai Fortune Heights, Vaddeswaram Village, Tadepalli, Guntur District. Pincode- 522 502.
    1. The Commissioner School Education and EX-Officio Project Director, Samagra Shiksha, Anjaneya Towers, Ibrahimpatnam, Krishna District, Pincode: 521 456.
    1. The State Project Director, Samagra Shiksha, Amaravathi, KBC Zilla Parishath High School, Opp. Raithu Bazar, Patamata, Vijayawada, Krishna District. Pincode- 520 010.
    1. The Chief Engineer, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Door.No.7-96, Sree Sai Fortune Heights, Vaddeswaram Village, Tadepalli, Guntur District. Pincode- 522 502.
    1. The Superintending Engineer, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Kadapa, YSR Kadapa District.
    1. The Executive Engineer, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Paunas Bavan, Ananthapur, Ananthapur District. Pincode- 515 001.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, within three weeks, on which date the case stands posted for hearing.

The Court made the following: ORDER:

"Notice before admission.

Learned counsel for the petitioners is permitted to take out personal notice to respondents No.3, 6, 7 and 8.

Learned Government Pleader for Finance takes notice for R-1.

Learned Government Pleader for School Education takes notice for R-2, R-4 and R-5.

List the case after three (03) weeks."

//TRUE COPY//

Sd/- K. JAGANMOHAN DEPUTY REGISTRAR SECTION OFFICER,

Full-selective transformation

To,

    1. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, State of Andhra Pradesh, Guntur District.
    1. The Principal Secretary, Department of School Education, Secretariat Buildings, Velagapudi, Amaravathi, State of Andhra Pradesh, Guntur District.
    1. The Managing Director, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Door.No.7-96, Sree Sai Fortune Heights, Vaddeswaram Village, Tadepalli, Guntur District. Pincode- 522 502.
    1. The Commissioner School Education and EX-Officio Project Director, Samagra Shiksha, Anjaneya Towers, Ibrahimpatnam, Krishna District, Pincode: 521 456.
    1. The State Project Director, Samagra Shiksha, Amaravathi, KBC Zilla Parishath High School, Opp. Raithu Bazar, Patamata, Vijayawada, Krishna District. Pincode- 520 010.
    1. The Chief Engineer, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Door.No.7-96, Sree Sai Fortune Heights, Vaddeswaram Village, Tadepalli, Guntur District. Pincode- 522 502.
    1. The Superintending Engineer, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Kadapa, YSR Kadapa District.
  1. The Executive Engineer, Andhra Pradesh Education and Welfare infrastructure and Development Corporation, Paunas Bavan, Ananthapur, Ananthapur District. Pincode- 515 001. (Addresses 1 to 8 by RPAD- along with a copy of petition and affidavit)

  2. One CC to Sri. Suresh Kumar Reddy Kalava, Advocate [OPUC]

  3. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh. [OUT]

  4. Two CCs to GP for School Education, High Court of AP [OUT]

  5. One spare copy

$\mathsf{M}\mathsf{M}$

HIGH COURT

KVLJ

DATED:27/11/2020

NOTE: LIST THE CASE AFTER THREE WEEKS

NOTICE BEFORE ADMISSION

WP.No.22291 of 2020