DHULIPALLA SIVABALA v. THE STATE OF ANDHRA PRADESH
WP/2357/2025 · 2025-02-17
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5065 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5065 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010041172025
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: 2357/2025 Between: Dhulipalla Sivabala ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. M M M SRINIVASA RAO Counsel for the Respondent(S):
1. GP FOR AGRICULTURE
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 a writ or direction preferably writ of mandamus aggrieved by the action of the respondents in not releasing the bill amount of Rs.3,18,533/- towards supply of chemical goods to the Soil Testing Laboratory i.e., 5th respondent as per purchaser order placed by the 2nd respondent as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondents to pay the amount of Rs.3,18,533/- with interest to the petitioner forthwith and to pass other order or orders…”
2. The short grievance of the petitioner is that the petitioner supplied chemical goods to the 5th respondent-Soil Testing Laboratory, as per the purchase order placed by the 2nd respondent. Thereafter, the petitioner submitted bills to the respondent authorities and the respondent authorities have not released the amount, which was due 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. 4. Learned Assistant Government Pleader appearing furnished instructions dated 28.01.2025, which transpires that bills were presented under CFMS portal and returned with remarks “Bill returned to DDO as per Article 39 and 50 of the Andhra Pradesh Financial Code, Vol.-1. At the end of financial year 2022 (31st March 2022), the amount was lapsed due to closure of Green channel PD account”. The Director of Agriculture, Guntur, had already submitted letters to the Special Chief Secretary to
3 Government and requested for the release of funds to the Soil section of Agricultural department for clearing the pending bills of 2019-2020. 5. It is an undisputed fact that the petitioner had supplied chemicals to the respondents and the petitioner is entitled for the due amount. 6.
Hence, this Court is inclined to dispose of the writ petition, directing the respondents to pay an admitted amount of Rs.3,18,533/- (Rupees Three lakhs, Eighteen thousand, Five hundred and thirty three) to the petitioner, within a period of eight (08) 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
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4 39 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
WRIT PETITION No.2357 of 2025
Date: 17.02.2025
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