Shaik Ashrafunnisa vs. The State Of Ap

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble B Krishna Mohan
Case Status:Disposed
Order Date:12 Nov 2024
CNR:APHC010340462024

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble B Krishna Mohan

Listed On:

12 Nov 2024

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Order Text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

HON'BLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 17382 OF 2024

Between:

Shaik Ashrafunnisa, Age 44 years, Ulavapalli, VTC.Chejerla , PO. Chejerla Nellore, SPSR Nellore District.

...PETITIONER

AND

    1. The State of AP, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravati, Guntur District.
    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravati, Guntur District.
    1. The District Panchayat Officer, SPSR Nellore District
    1. The Project Director, MGNREGS Scheme, SPSR Nellore District
    1. The Mandal Praja Parishad Development Officer, Chejerla Mandal, Nellore District.
    1. The Executive Engineer, P.R.I. Division, Nellore ,SPSR Nellore .
    1. The thimmayapalem Gram Panchyat, Rep. by it's Panchayat Secretary, Chejerla Mandal, Nellore District.
    1. The Commissioner and Director, of A.P. State Housing Corporation, Vijayawada.
    1. The project Director (P.D), housing corporation, SPSR Nellore District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that the circumstances stated in the affidavit filed therewith, the High Court may in

be pleased to issue an appropriate writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing the amount of Rs. 5,01,690/- (Five Lakh One Thousand Six Hundred and Ninty Rupees Only) for the work executed by the petitioner under Work I.D No. 091282007004170359, despite issuing Fund Transfer Orders under F.T,R Nos. 9092021000124 dated 24.05.2021, as arbitrary, illegal, contrary to Law and against the Orders under F.T.R Nos. 9092021000124 dated 24.05.2021, as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and to issue a consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest at the rate of 18% per annum. more

lA NO: <sup>1</sup> OF 2024

Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities to forthwith release the amount of Rs. 5,01,690/- (Five Lakh One Thousand Six Hundred and Ninty Rupees Only) for the work executed by the petitioner vide FTR No. F.T.R Nos. 9092021000124 dated 24.05.2021, pending disposal of the above writ petition. /

Counsel f^r the Petitioner: SRI VENKAT CHALLA

Counsel for the Respondent Nos. 1,3,4 & 6: GP FOR PANCHAYAT RAJ RURAL DEV

Counsel for the Respondent No. 2: GP FOR FINANCE AND PLANNING

Counsel for the Respondent Nos. <sup>8</sup> & 9: SRI <sup>E</sup> JAGANNADHA REDDY

Counsel for the Respondent Nos. <sup>5</sup> & 7: SRI MATTEGUNTA SUDHIR (SC FOR ZPP, MPP & GRAM PANCHAYAT)

The Court made the following: ORDER

%

APHC010340462024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3233]

TUESDAY ,THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 17382/2024

Between:

Shaik Ashrafunnisa ...PETITIONER

AND

The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1.VENKAT CHALLA

Counsel for the Respondent(S):

1.GP FOR PANCHAYAT RAJ RURAL DEV

2.E JAGANNADHA REDDY

  1. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps.M.P.Ps,Gram Panchayats

4.GP FOR FINANCE PLANNING

The Court made the following:

Heard the learned counsel for the petitioner, the learned Standing Counsel for the respondent and the learned Assistant Government Pleader for the respondents.

This Writ Petition is filed questioning the action of the respondents in not releasing the amount of Rs.5,01,690/- (Five Lakh One Thousand Six Hundred and Ninty Rupees Only) for the work executed by the petitioner under Work I.D.No.091282007004170359, despite issuing Fund Transfer Orders under F.T.R Nos.9092021000124, dated 24.05.2021. 2.

On the other hand, the learned Standing Counsel for the 5'^ respondent relying upon the written instructions of the 5*^ respondent-Mand al Praja Parishad Development Officer, dated 21.09.2024, submits that the amount of Rs.7,87,382/-, has already been paid to the petitioner and the balance amount of Rs.7,05,353/- will be paid to the petitioner in due procedure. 3.

  1. In view of the above said facts and circumstances, the respondent authorities are directed to pay the balance amount of Rs.7,05,353/- to the petitioner as expeditiously as possible, preferably within a period of one (01) month from the date of receipt of a copy of this order.

  2. Accordingly, the Writ Petition is disposed of. No costs.

As a sequel. Miscellaneous Petitions pending, if any, shall stand closed.

Sd/- K. KASI RAO ACHARI assistant registrar //TRUE COPY// SECTION OFFICER

To,

    1. The Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravati, Guntur District.
    1. The Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravati, Guntur District.
    1. The District Panchayat Officer, SPSR Nellore District.
    1. The Project Director, MGNREGS Scheme, SPSR Nellore District
    1. The Mandal Praja Parishad Development Officer, Chcjerla Mandal, Nellore District.
    1. The Executive Engineer, P.R.I. Division, Nellore ,SPSR Nellore .
    1. The Panchayat Secretary, Thimmayapalem Gram Panchyat, Chejerla Mandal, Nellore District.
    1. The Commissioner and Director, of A.P. State Housing Corporation, Vijayawada.
    1. The project Director (P.D), housing corporation, SPSR Nellore District.
    1. One CC to Sri Venkat Challa Advocate [OPUC]
    1. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT]
    1. One CC to Sri E Jagannadha Reddy Advocate [OPUC]
    1. One CC to Sri Mattegunta Sudhir (SC for ZPP, MPP & Gram Panchayat) [OPUC]
  1. Three CD copies

TF

HIGH COURT

DATED:12/11/2024

ORDER

WP.No.17382 of 2024

DISPOSING OF THE W.P.WITHOUT COSTS

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Order(2) - 12 Nov 2024

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Order(1) - 29 Oct 2024

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