Chakali Srinivasulu vs. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.24461 of 2023

ORDER:

1. This writ petition under Article 226 of Constitution of India is filed to issue writ of mandamus, declaring the action of respondents in witholding payments of amounts, payable to the petitioner in relation to the exeuction of work i.e., Neeru-Chettu for Repair and replacement of rubber seals, Rollers, Screw rods Electormagnetic brakes and sand blasting & painting to service gate to off take regulator to bypass canal at Km 50.770/Km 56..700 in panyam Mandal in Kurnool District vide Agreement No.11-EE/SRBC/DIV-I/CADA 2021-2022 dated 22.03.2021, as illegal, arbitrary and contrary to the principles of natural justice.

2. It is the case of the petitioner that the petitioner has executed the work i.e., Neeru-Chettu for Repair and replacement of rubber seals, Rollers, Screw rods Electormagnetic brakes and sand blasting & painting to service gate to off take regulator to bypass canal at Km 50.770/Km 56..700 in panyam Mandal in Kurnool District vide Agreement No.11-EE/SRBC/DIV-I/CADA2021-2022, dated 22.03.2021, the respondents having been satisfied with the execution of works, prepared the bills, but the amount was not paid, for different reasons.

3. During hearing, learned Government Pleader for Irrigation placed on record, the written instructions passed by the Executive Engineer, SRBC Division No.1, (CADA), Nandyal, dated 18.10.2023 stating that since budget was not released, bills were not paid to the petitioner. Soon after release of budget by the Government, bills will be paid to the petitioner.

4. In veiw of the instructions placed on record, the respondents are directed to clear the bill amounts of Rs.12,82,583/- to the petitioner, along with the interest @ 6% per annum, in view of the judgment of the Hon'ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of six (06) weeks from the date of receipt of a copy of this order, failing which the bill amounts will carry interest @ 12% per annum, till the actual payment of the amount to the petitioner.

5. With the above directions, the Writ Petition is disposed of, without touching the merits, as to the maintainability of the writ petition. There shall be no order as to costs.

6. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J

31.10.2023 LSP

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THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.24461 of 2023

31.10.2023

LSP