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APHC010597482024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 31199/2024 BETWEEN: G.suresh Babu, ...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. GP FOR FINANCE PLANNING
The Court made the following:
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ORDER:
The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:
“……pleased 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.25,80,693/- for the work executed by the petitioner under Work I.D. No.09131291503171590 (Old), 0209029018/LD/9131013171590, 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 to pass such other order or orders……
2. The respondents have granted work under I.D. No.09131291503171590 (Old), 0209029018/LD/9131013171590 and the work was completed within the stipulated time and the grievance of the petitioner is that despite execution of work, the respondents have not released the amount to the petitioner. Hence, the present Writ Petition is filed.
3. The 5th respondent has addressed a letter-cum-instructions vide RC No.03/EGS/REP/2024-25, dated 27.12.2024, to the Project
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Director, District Water Management Agency, SPSR Nellore, requesting to release the amount of Rs.25,80,693/- to be paid to the petitioner. In the same proceedings of the 5th respondent, in the remarks column, it is observed that the remaining balance amount of Rs.25,80,693/- to be paid to the petitioner by the Housing Department as per Lr.No.2313479/CRP&RD/EGS/PM(SP)2024, dated 31.10.2024 of the commissioner, PR&RD.AP. Tadepalli.
4. On perusal of the written instructions, the petitioner has executed the work and he is eligible for the amount. Hence, this Court is inclined to dispose of the Writ Petition directing the respondents to take necessary steps for release of the amount due to the petitioner herein, within a period of eight weeks from the date of order, failing which, the petitioner is entitled for interest @ 6% per annum from the date of Writ Petition till the date of realization.
5. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs.
As a sequel thereto, interlocutory applications pending, if any, in this Writ Petition, shall stand closed.
___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 06.02.2025
Harin
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO 115
WRIT PETITION No. 31199 of 2024
Date: 06.02.2025
Harin