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2025 DAILYLAW 35150 (AP)

SRI VENKATESWARA VADDERA COOLIE SANGAM v. THE STATE OF AP

WP/28926/2024 · 2025-02-17

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010555082024 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: 28926/2024 Between: Sri Venkateswara Vaddera Coolie Sangam ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. 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 works executed by the petitioner for providing the construction of Residence-cum-Camp Office building for Joint Collector(V,WS&D) in Eluru, West Godavari District through the Agreement No.2020-21 dated.9.3.2021 for an amount of Rs.7,42,069/-is illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release an amount of Rs.7,42,069/- with 18 percent Per annum to the petitioner in respect of the execution of aforementioned work forthwith and to pass such other order or orders…….” 2. The short grievance of the petitioner is that the petitioner was entrusted with the construction of Residential building-cum-Camp Office for Joint Collector (V.WS&D) West Godavari District. The petitioner has completed the allotted work, within the stipulated time frame. Thereafter, the petitioner made multiple representations to the authorities, requesting them to immediately release the pending amount of Rs.7,42,069/-. Despite several representations, the respondent authorities ignored the petitioner’s request, causing significant delay and substantial loss to the petitioner. 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 23.12.2024, which was addressed by the Executive Engineer, PR PIU Division, Eluru, to the learned Government Pleader’s Office, High Court of Andhra Pradesh. On perusal of the said proceedings, it transpires that in remarks column it is stated that the District Collector, Eluru was requested to release the pending amount. 5. The learned counsel for the respondents neither disputed execution of work nor payment of due amount to the petitioner. 6. Hence, this Court is inclined to dispose of the writ petition, directing the respondents to pay an admitted amount of Rs.7,42,069/-(Rupees Seven Lakhs Forty two thousand and sixty nine), within a period of six (06) 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 22 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.28926 of 2024 Date: 17.02.2025 KBN