AVULA VENKATESWARLU v. THE STATE OF ANDHRA PRADESH
WP/26162/2024 · 2025-02-04
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33517 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33517 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010504332024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No: 26162/2024 Between: Avula Venkateswarlu ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. DEVASRI ROSHAN KANCHARLA
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. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats
4. GP FOR FINANCE PLANNING
The Court made the following:
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ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India for 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 respondent authorities in not releasing the amount of Rs.4,45,000/- (Four Lakh Forty Five Thousand Only) for the work executed by the petitioner under Work I.D.No. 091282004003170532, 091282006003170297, despite issuing Fund Transfer Orders under F.T.R. Nos.9092021000845, 9092021000846, 9092021000847, 9092021000849, 9092021000850, 9092021000852, 9092021000853, 9092021000854, 9092021000855, 9092021100002, 9092021000835, 9092021000837, 9092021000839, 9092021000840 dated 07.01.2022, as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and to issue a consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest at the rate of 24% per annum and pass such other order or orders….."
2. The Court is vexed with passing of orders in the Writ Petitions filed with a prayer to direct the respondents to release the amounts for the works executed by the writ petitioners. 3. The present Writ Petition is also filed for non-payment of bills for the works executed by the petitioner herein. 4. The 7th respondent-Panchayat Secretary, Chejerla Gram Panchayat, has filed counter, stating that an amount of Rs.5,75,243/- is due to the petitioner and the same will be paid after receiving the amount from the State Government. 5. Learned Government Pleader has furnished instructions received from the Project Director-4th respondent addressed to the office of the Government Pleader, Panchayat Raj and Rural Development, High
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Court of Andhra Pradesh, which shall form part of the records. Even the said instructions indicate that an amount of Rs.5,75,243/- is to be paid to the petitioner by the Housing Department. 5. As seen from the above instructions, the respondents have not disputed about the execution of the work and the payment of amount due to the petitioner herein. 6. Therefore, this Court is inclined to dispose of the Writ Petition, directing the respondents to pay the amount due to the petitioner herein within a period of eight (8) weeks from the date of receipt of a copy of the order. Failing to pay the amount due to the petitioner, the petitioner is entitled to interest at the rate of 6% per annum from the date of Writ Petition till the date of realization. 7. Accordingly, the Writ Petition is disposed of.
There shall be no
order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 04.02.2025
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.26162 of 2024
Date: 04.02.2025
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