THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION No.19305 of 2023

ORDER:

This Writ Petition is filed by the petitioner, under Article 226

of the Constitution of India, seeking the following relief:

"….to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not releasing the deposit amounts as Rs.22,500/- (EMD) and Rs.22,500/- (FSD) vide M Book No.500/B/2018-19 (SDF) and Rs.44,858/- vide M Book No.486/B/18-19 (MGNREGS), even after completion of defect liability period, refund payable to the petitioner in relation to the work i.e, Providing internal CC roads at Manubolu Gram Panchayath in Manubolu Mandal of SPSR Nellore District vide Agreement No. /2018-19 dated 26.09.2018 and Work Id No.097073111012080062 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to release the deposit amounts as Rs.22,500/- (EMD) and Rs.22,500/- (FSD) vide M Book No.500/B/2018-19 (SDF) and Rs.44,858/- vide M Book No.486/B/18-19 (MGNREGS) to the petitioner in respect of abovementioned work forthwith and pass such other order or orders….."

2. Heard Sri Bathala Ramesh, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj & Rural Development appearing for respondent Nos.1, 3 to 5 learned Assistant Government Pleader for Finance & Planning appearing for respondent No.2 and Sri G.Venkata Reddy, learned standing counsel for Gram Panchayat appearing for respondent No.6.

3. Learned Assistant Government Pleader for Panchayat Raj & Rural Development, on written instructions dated 08.08.2023

submitted that, the respondent authorities have admitted the petitioner's bill amount and the bill has to be uploaded in CFMS and sought time for payment and brought to the notice of this Court 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 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.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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JUSTICE RAVI CHEEMALAPATI

09.08.2023 MP

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THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION No.19305 of 2023

Dated : 09.08.2023

MP