Smt. Yarva Bharathij v. The State of Andhra Pradesh,
WP/24636/2024 · 2025-02-17
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32406 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32406 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010477962024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24636/2024 Between: Smt. Yarva Bharathij ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. MARELLA RADHA Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
3. GP FOR FINANCE PLANNING
2
The Court made the following order:-
The Writ Petition is filed 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 the payments, for the work executed by the petitioner for i) Providing Gravelling the approach road to Jaganna housing colony at M.Vhinthakunta(V) of Gospadu(M) as per Agreement No. /2023-24 dated 29.05.2023 for an amount of Rs.4,42,904/- and ii) Providing approach Road to Jaganna housing colony at Ontivelagala(V) of Gospadu(M) as per Agreement No.251/2022-23 dated 24.03.2023 for an amount of Rs.3,16,013/- totaling an amount of Rs.7,58,917, is illegal, arbitrary and contrary to law and unconstitutional and violation of Article 14 of the Constitution of India and consequently direct the respondents to release an amount of Rs.7,58,917/- with 18% per annum to the petitioner in respect of the execution of aforementioned work forthwith and pass such other order or orders…”
2. The short grievance of the petitioner is that after completing the allotted work, the petitioner made multiple representations to the respondent authorities, requesting them to immediately release the due amount. Despite several representations, the respondent authorities ignored the petitioner’s request, causing significant delay and substantial loss to the petitioner. The non-payment of money, after execution of the work, amounts of violation of Article 21 of the Constitution of India. Aggrieved by the same, the present writ petition is filed. 3. Heard learned counsel for the petitioner and learned counsel for the respondents. 3
4. Learned Assistant Government Pleader appearing on behalf of the Panchayat Raj department furnished instructions dated 11.02.2025, which transpires that in remarks column it is stated that two works are sanctioned under NIP Phase-I Grant.
The said bills are submitted to the Project Director, AP State Housing Corporation Ltd, Nandyal for payment vide Office Lr.Rc.No.90/2022 dated 28.04.2023 and 17.06.2023. 5. It is an undisputed fact that the petitioner has executed the work, as directed by the respondents (who ever may be) and the petitioner is entitled for the due amount. As rightly contended, it amounts to violation of Article 21 of the Constitution of India. 6. Hence, this Court is inclined to dispose of the writ petition, directing the respondents to pay the admitted bills to the petitioner, within a period of eight (08) weeks from the date of receipt of a copy of this order. Failing which, the petitioner is entitled for interest at the rate of 6% per annum from the date of disposal of the writ petition to till the date of realization. 7. With the above directions, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 17.02.2025
KBN
4 30 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
WRIT PETITION No.24636 of 2024
Date: 17.02.2025
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