N Nagabhushanam vs. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.17845 OF 2023

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

"…to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs.4,73,782/- (Rupees Four Lakhs Seventy Three Thousand and Seven Hundred and Eighty Two Only) payable to petitioner in relation to part work executed for 5th Respondent by the petitioner herein under Agreements Bearing No. /2018-19 Dt.08.02.2019 even after finalizing the hills as illegal, arbitrary, unconstitutional and consequently direct the respondents herein immediately to pay the part bill due amount of Rs.4,73,782/- (Rupees Four Lakhs Seventy Three Thousand and Seven Hundred and Eighty Two Only) payable to the petitioner in relation to part work executed for 5th Respondent under Agreements Bearing No. /2018-19 Dt.08.02.2019 and pass….."

2. Heard Sri A.Venkata Durga Rao, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj & Rural Development appearing for respondent Nos.1, 3, 4 and 5, learned Assistant Government Pleader for Finance &

Planning appearing for respondent No.2, Sri G.Venkat Reddy, learned Standing Counsel for ZPP, MPP & Gram Panchayat appearing for respondent Nos.6 & 7 and learned Assistant Government Pleader for Social Welfare appearing for respondent Nos.9 and 10.

3. Learned Assistant Government Pleader for Panchayat Raj & Rural Development, learned Assistant Government Pleader for Finance & Planning, Sri G.Venkat Reddy, learned Standing Counsel for ZPP, MPP & Gram Panchayat and learned Assistant Government Pleader for Social Welfare, on written instructions dated 09.08.2023, which is placed on record, collectively submitted that the bill amount of the petitioner has been admitted by the authorities and the same will be paid to the petitioner in due course and sought time for payment. They also submitted that this Court, vide order dated 28.06.2022 in Writ Petition No.17411 of 2022, granted six (06) weeks time for payment of the bill amount and prayed to consider this Writ Petition in similar lines.

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

5. In view of the above, with the consent of learned counsel for both the parties, this Writ Petition is disposed of, at

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admission stage, in terms of the orders passed in W.P. No.17411 of 2022 dated 28.06.2022.

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. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

__________________________________ JUSTICE RAVI CHEEMALAPATI

10th August, 2023 TJN/KKV