Chakali Srinivasulu vs. The State Of Andhra Pradesh

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 24461 OF 2023

Between:

Chakali Srinivasulu, S/o Yellana Age about 42 years, R/o. 14/50, Bogu Sing Street chek p Kurnool, Kurnool District.

Petitioner

AND

• 1. The State of Andhra Pradesh, Represented by its Secretary, Irrigation Department, Secretariat Buildings, Velagapudi, Guntur District.
• 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District.
• 3. The Executive Engineer, SRBC Division No.1, CADA, Nandyal, Kurnool District.
• 4. The Deputy Executive Engineer, SRBC Sub-Division NO.1 (CADA) Panyam Mandal, Nandyal District
• 5. The Assistant Executive Engineer, SRBC Sub-Division NO.1 (CADA) Panyam Mandal Nandyal District
• 6. The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex, Rama Mandiram Street, Governorpet, Vijayawada, Krishna District. Respondents

WHEREAS the Petitioner above named through his Advocate Ms. Sushma Yaganti 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 an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding the payment of amounts payable to the petitioner in relation to the execution of works i.e., Neeru Chettu for Repair and replacement of rubber seals, Rollers, Screw rods Electromagnetic brakes and sand blasting and painting to service gate to off take regulator to bypass canal At km 50.770/Km 56.700 in Panyam Madal in Kurnool District vide Agreement No. 11-EE/SRBC/DIV-1/CADA 2021-2022 on 22.03.2021 as illegal, arbitrary, in violation of Article 14 of the Constitution of India and consequently direct the respondents to pay an amount of Rs.12,82,583/- due to the petitioner in respect of execution of afore mentioned works forthwith

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Ms. Sushma Yaganti Advocate for the Petitioner, Assistant Government Pleader for Irrigation & CAD for the Respondent Nos. 1, 3 to 5, GP for Finance & Planning for the Respondent Nos. $2 & 6$ , 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 Secretary, Irrigation Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Guntur District.
• 2. The Principal Secretary, Finance Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Guntur District.
• 3. The Executive Engineer, SRBC Division No.1, CADA, Nandyal, Kurnool District.
• 4. The Deputy Executive Engineer, SRBC Sub- Division NO.1 (CADA) Panyam Mandal, Nandyal District
• 5. The Assistant Executive Engineer, SRBC Sub-Division NO.1 (CADA) Panyam Mandal Nandyal District
• 6. The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex, Rama Mandiram Street, Governorpet, Vijayawada, Krishna 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 within four (4) weeks.

The Court made the following order:

"Notice before admission.

List the matter after four (4) weeks.

In the meanwhile, learned Assistant Government Pleader for Irrigation &

CAD to secure written instructions in the matter."

//TRUE COPY//

SECTION OFFICER FOR AUDIO LAIN | KEGISTRAR

Sd/- G. HELA NAIDU ASSISTANT REGISTRAR

To,

• 1. The Secretary, Irrigation Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District.
• 2. The Principal Secretary, Finance Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Guntur District.
• 3. The Executive Engineer, SRBC Division No.1, CADA, Nandyal, Kurnool District.
• 4. The Deputy Executive Engineer, SRBC Sub- Division NO.1 (CADA) Panyam Mandal, Nandval District
• 5. The Assistant Executive Engineer, SRBC Sub- Division NO.1 (CADA) Panyam Mandal Nandyal District
• 6. The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex, Rama Mandiram Street, Governorpet, Vijayawada, Krishna District.( 1 to 6 by RPAD- along with a copy of petition and affidavit)
• 7. One CC to Ms. Sushma Yaganti Advocate [OPUC]
• 8. Two CCs to Government Pleader for Irrigation & CAD, High Court of Andhra Pradesh. [OUT]
• 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. ITUOI

10. One spare copy

RVK

HIGH COURT

NJS,J

DATED: 20/09/2023

LIST THE MATTER AFTER FOUR (4) WEEKS

NOTICE BEFORE ADMISSION

WP.No.24461 of 2023