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APHC010523112024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No: 27486/2024 Between: Gonugunta Rambabu ...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/s:
"….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 Part- Payment of Rs.5,95,645/- (Five Lakh Ninety Five Thousand Six Hundred and Forty Five Only) for the work executed by the petitioner under Work I.D.No.091292015011170507, despite issuing Fund Transfer Orders under F.T.R.Nos.9092020000584, 9092020000525, 9092020000162, 9092019100010, 9092019100008, dated 17.03.2020, 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 orders……."
2. The 7th respondent-Panchayat Secretary filed counter. At paragraph No.3 of the counter affidavit, it is asserted that the petitioner has executed the work in Vavileru Gram Panchayat under Mahathma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) with Work ID No.091292015011170507, for leveling of Jagananna Layout for development of Housing Colony for Rs.15,69,978/- out of that, the Gram Panchayat paid Rs.10,68,665/- and the remaining balance amount of Rs.5,01,313/- is to be paid after receiving the amount from the State Government. 3. As the respondents are not disputing the execution of the work and amount due to the petitioner, this Court is inclined to dispose of the Writ Petition with a direction to the respondents to pay the balance amount due to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order, failing which the petitioner is
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entitled to interest at 6% per annum from the date of Writ Petition till the date of realization. 4.
4. With the above directions, 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: 24.01.2025
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.27486 of 2024
Date: 24.01.2025
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