R Murali vs. The State Of Ap

Court:High Court of Andhra Pradesh
Judge:Hon'ble Venkateswarlu Nimmagadda
Case Status:Disposed
Order Date:31 Aug 2023
CNR:APHC010436832023

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Order Issued After Hearing

Purpose:

Admission (Irrigation)

Before:

Hon'ble Ninala Jayasurya

Listed On:

31 Aug 2023

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Order Text

(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

:PRESENT:

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO: 22600 OF 2023

Between:

R.Murali, S/o. R.AdiNarayana, Aged 40 years, R/o.4/48, Reddipalli Peta, Pullampeta (M), YSR (Kadapa) District.

Petitioner

AND

    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, AP Secretariat, Velagapudi, Amaravati.
    1. The State of Andhra Pradesh, Rep. by its Secretary to Government, Finance and Planning Department, AP Secretariat, Velagapudi, Amaravati
    1. The Superintending Engineer, Irrigation Circle, Kadapa, YSR (Kadapa) District
    1. The Executive Engineer, Water Resources Department, Kadapa, YSR (Kadapa) District.
    1. The Deputy Executive Engineer, Irrigation Sub Division, Kodur, YSR Kadapa District.

Respondents

WHEREAS the Petitioners above named through their Advocate SRI.RAHUL REDDY CHAGANTI 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 any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of the bill amounts to a tune of 1) Rs.7,50,497/- towards the work covered under Agreement No.808/2017-18, 2) Rs. 9,55,700/-towards the work covered under Agreement No.219/2018-19 and 3) Rs.9,15,294/- towards the work covered under Agreement No.677/2017-18 even after 4 years of completion of work as illegal, arbitrary and consequently direct the respondents to pay the bill amounts totalling to a tune of Rs.26,21,491/- along with seigniorage charges, EMD, FSD and other security deposits that are receivable by the petitioner without any further delay in the interests of justice.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI.RAHUL REDDY CHAGANTI Advocate for the Petitioner Government Pleader for Irrigation & CAD for Respondent Nos.1, 3 to 5 and of Government Pleader for Finance & Planning for Respondent No.2, 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, Water Resources Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati.
    1. The Secretary to Government, Finance and Planning Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati
    1. The Superintending Engineer, Irrigation Circle, Kadapa, YSR (Kadapa) District.
    1. The Executive Engineer, Water Resources Department, Kadapa, YSR (Kadapa) District.
    1. The Deputy Executive Engineer, Irrigation Sub Division, Kodur, YSR Kadapa District.

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 on or before 27.09.2023 on which date the case stands posted for hearing.

THE COURT MADE THE FOLLOWING ORDER:

Notice before admission.

List the matter after four (4) weeks

In the meanwhile, the learned Assistant Government Pleader for Irrigation & CAD to secure written instructions in the matter.

SD/- K. SRINIVASA RAJU ASSISTANT REGISTRAR

//TRUE COPY//

F

To,

SECTION OFFICER

    1. The Principal Secretary, Water Resources Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati.
    1. The Secretary to Government, Finance and Planning Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati
    1. The Superintending Engineer, Irrigation Circle, Kadapa, YSR (Kadapa) District.
    1. The Executive Engineer, Water Resources Department, Kadapa, YSR (Kadapa) District.
    1. The Deputy Executive Engineer, Irrigation Sub Division, Kodur, YSR Kadapa District. (1 to 6 by RPAD- along with a copy of petition and affidavit)
    1. One CC to SRI.RAHUL REDDY CHAGANTI Advocate [OPUC]
    1. Two CCs to GP FOR IRRIGATION & CAD, High Court Of Andhra Pradesh. ITUOT
    1. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh (OUT)
    1. One spare copy

SRL

HIGH COURT

NJSJ

DATED:31/08/2023

NOTE: LIST THE MATTER AFTER FOUR (4) WEEKS

NOTICE BEFORE ADMISSION

WP.No.22600 of 2023

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Case History of Orders

Order(3) - 31 Oct 2023

Final Order

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Order(1) - 31 Aug 2023

Interim Order

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Order(2) - 31 Aug 2023

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