Andhra Pradesh High Court - Amravati
Challa Hari Babu vs The State Of Andhra Pradesh on 9 October, 2023
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THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No.25172 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing final bill, QC (Quality Control), SA (Social Audit), 7.5% withheld, EMD and FSD amounts which was deducted by the respondents, in their respective bills of 12 works for Rs.6,93,895/- at the time of releasing of bill payments covered by NREGS+GP funds for the execution of works for formation of CC road/side drain works in Allamvaripalem in Oguru Gramapanchayat and village in Kandukuru Mandal of SPSR Nellore District which is illegal, arbitrary and consequently direct the respondents to pay due amount of Rs.6,93,895/- payable to the petitioner forthwith interest of 24% in the interest of justice and pass such other order or orders ..."
2. Heard Sri Nagapraveen Vankayalapati, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj Department appearing for respondent Nos.1,3 to 5, learned Assistant Government Pleader for Finance and planning Department appearing for respondent No.2 and Sri G.Venkata Reddy, learned standing counsel appearing for respondent no.6.
3. Learned Assistant Government Pleader for Panchayat Raj Department, on written instructions dated 01.10.2023 which is placed on record, submitted that, the authorities are ready and willing to pay the legally entitled amount to the petitioner, however sought six (6) weeks time for payment.
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4. To the said submission, learned counsel for the petitioner reported no objection.
5. In view of the above, as the respondent authorities intend to pay the amount to the petitioner towards the work done by him within a period of six (6) weeks, there is no purpose in keeping the writ petition pending and hence this Court is inclined to dispose of the writ petition, at admission stage itself, with the consent of learned counsel for both the parties.
6. Accordingly, the respondent authorities are directed to release the admitted/legally entitled amount to the petitioner at the earliest, and at any rate, within a period of six (6) weeks from the date of receipt of a 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
7. With the above directions, the writ petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
__________________________________ JUSTICE RAVI CHEEMALAPATI 09.10.2023 RD 3 THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.25172 of 2023 Dated: 09.10.2023 RD