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2025 DAILYLAW 33575 (AP)

M/s Sri Dharma Shasta Contractors v. The State of Andhra Pradesh,

WP/26104/2024 · 2025-02-13

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010505002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 26104/2024 Between: M/s Sri Dharma Shasta Contractors ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. 0 4. GP FOR MINES AND GEOLOGY 5. GP FOR FINANCE PLANNING The Court made the following: 2 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "…..to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.7,91,733/-, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Providing Gravel from Venkata Subba Reddy field to Lakshmi Reddy field at Annavaram (V) of Owk Mandal of Kurnool District, vide Agreement No. /2022-23, dated 22.04.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.7,91,733/- with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass such other order or orders….." 2. The Writ Petition is filed to declare the action of the respondents in not releasing the amount of Rs.7,91,733/- even after finalizing the bills, payable to the petitioner in relation to the works executed by the petitioner, i.e., providing gravel from Venkata Subba Reddy field to Lakshmi Reddy field at Annavaram village of Owk Mandal of Kurnool District, vide agreement dated 22.04.2022. 3. Learned Assistant Government Pleader for Panchayat Raj has furnished proceedings of the Executive Engineer, PR (PIU) Division, Kurnool, addressed to the office of the Government Pleader for Panchayat Raj and Rural Development, High Court of Andhra Pradesh, which transpires that as and when funds are released, an amount of 3 Rs.7,91,733/- will be paid to the petitioner after deducting statutory recoveries of Rs.1,56,868/-. 4. As seen from the above proceedings addressed by the Executive Engineer, the respondents are not disputing the execution of the work done by the petitioner and the amount due to the petitioner herein. 5. Therefore, this Court is inclined to dispose of the Writ Petition, directing the respondents herein to pay the amount due to the petitioner within a period of ten (10) weeks from today, failing which the petitioner is entitled to interest @ 6% per annum from the date of Writ Petition till the date of realization. 6. 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: 13.02.2025 siva 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26104 of 2024 Date: 13.02.2025 siva