M Srinivasa Reddy vs. The State Of Ap
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Ravi Cheemalapati
Listed On:
31 Aug 2023
Original Order Copy
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Order Text
HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No. 18379 of 2023
ORDER:
The present Writ Petition is filed by the petitioner under Article 226
of the Constitution of India, seeking the following relief:
"…..issue a writ of Mandamus or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of amount of Rs.27,88,011/- even after finalizing the bills payable to the petitioner in relation to the works i.e. "construction of Disha Police Station Building at M.R.Palle, Tirupathi of Tirupathi Urban District" vide agreement bond No. MD/LS/TW-II/24/2022-23, dt.24.08.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of the amount of Rs.27,88,011/- with interest @24% per annum.….."
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Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, learned Assistant Government Pleaders for Home and Finance & Planning and the learned Standing Counsel for Andhra Pradesh Police Housing Corporation Limited.
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The learned Assistant Government Pleaders for Home and Finance & Planning and the learned Standing Counsel for Andhra Pradesh Police Housing Corporation Limited, by placing the written instructions dated 14.08.2023 on record have collectively submitted that the issue regarding sanction of budget for the subject work is pending with the Finance Department and soon after release of the budget, the legally
entitled amount would be paid to the petitioner. The learned Assistant Government Pleader for Finance & Planning sought three (03) months time for payment.
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To the said submission, learned counsel for the petitioner reported no objection.
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Taking into consideration the submissions of learned counsel for both sides, this Writ Petition is disposed of, at the admission stage.
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Accordingly, the respondents are directed to release the admitted/ legally entitled net amount to the petitioner at the earliest, and at any rate, within a period of three (03) months from the date of receipt of 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 sequel thereto, miscellaneous petition, if any, pending shall stand closed. Interim orders, if any, shall stand vacated.
_________________________ JUSTICE RAVI CHEEMALAPATI
31st August, 2023 RR
HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No.18379 of 2023
31st August, 2023
RR