Extracted from the PDF above. The PDF is authoritative.
APHC010072492015
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4388/2015 Between:
1. SMT. CH.SAVITHRI,, W/O. SUBBA RAO, AGED ABOUT 46 YEARS, RIO. C/O. SRI SAI KRISHNA PAINTS AND HARDWARE STORES, KOTHA BAZAR, OPP: POST OFFICE, SRISAILAM PROJECT DAM EAST, KURNOOL DISTRICT. ...PETITIONER AND
1. THE EXECUTIVE OFFICER, SRI BHRAMARAMBA MALLIKARJUNA SWAMYVARI DEVASTHANAM, SRISAILAM, KURNOOL DISTRICT, A.P.
2. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS (REVENUE) DEPARTMENT, SECRETARIAT, HYDERABAD. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation of petitioner dated 14.06.2014 for payment of balance amount of Rs.1,40,059-15 Ps., (including EMD of Rs.15,704/- along with additional security deposit of Rs.14,036/-.) is illegal, arbitrary and unjust and consequently direct the respondent to pay the balance amount of Rs.1,40,059-15 Ps., (including EMD of Rs.15,704/- along with additional security deposit of Rs.14,036/-.) to the petitioner and pass
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IA NO: 1 OF 2015(WPMP 5817 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to consider the representation of petitioner dated 14.06.2014 for payment of balance amount of Rs.1,40,059-15 Ps., (including EMD of Rs.15,704/- along with additional security deposit of Rs.14,036/- .),pending disposal of Writ Petition and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave for filing of this Counter Affidavit dated 24-08-2024 in W.P.No. 4388 of 2015 , in the interest of justice, and to pass Counsel for the Petitioner:
1. Y SUBBA RAO Counsel for the Respondent(S):
1. G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION)
2. T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) The Court made the following:
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:4388/2015
O R D E R:
1.
Heard learned counsel for the petitioner and learned counsel for the respondents. 2.
Learned counsel for the petitioner submits that the petitioner herein rendered plumbing services and also supplied electrical items in favour of the 1st respondent –temple pursuant to the tender notice issued by the 1st respondent. Pursuant to which, the petitioner was paid only to the plumbing services rendered to the 1st respondent- temple but the amount was not paid towards supplying of electrical items as per the tender notice. Hence, the writ petition.
3. On the other hand, learned Standing Counsel for the respondents, filed counter affidavit, wherein, it is stated that an amount of Rs.96,383/- was paid to the 1st respondent-temple as per his liability through cheque on 27.09.2015. As such, the other amount which was demanded by the petitioner in the present writ petition was not admitted by the 1st respondent-temple authorities.
4. It is settled law that, under the extraordinary jurisdiction of this Court, this Court cannot adjudicate the disputes between the petitioner and the 1st respondent, more particularly, when the petitioner has claimed an additional amount pursuant to the tender notice and such claim is not admitted by the respondents, this Court cannot issue a direction to the respondents to pay the said amount.
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5. Therefore, the relief claimed by the petitioner cannot be granted by this Court under the extraordinary jurisdiction of this Court. However, the petitioner is at liberty to proceed further by invoking appropriate proceedings for recovery of amount, if any, from the 1st respondent.
6. Accordingly, the writ petition is disposed of by directing that the petitioner is at liberty to proceed further by invoking appropriate proceedings for recovery of amount, if any, from the 1st respondent. There shall be no
order as to costs.
Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:06.02.2026 BSP
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO:4388/2015
Date:06.02.2026 BSP