Disposed

Mandli Pedda Mallu Swamy v. the State of Andhra Pradesh

Andhra Pradesh HC3 Oct 2023WP/24202/2023

Case brief

AI extract

What is this about?

In this writ petition under Article 226 seeking mandamus for delayed payment of work dues, the court found the respondents willing to pay the admitted amount. The petition was disposed of at the admission stage, directing release of funds within three weeks.

What did the court decide?

Direction to release the admitted/legally entitled work payment to the petitioner within three weeks from the date of receipt of the order.

Mandli Pedda Mallu Swamy Vs the State of… — Service and Employment | Andhra Pradesh HC (2023)

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO.24202 OF 2023

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ORDER :

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“….. 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 withholding the payment of amount of Rs.2,00,000/- in respect of works under “Providing Minor Repairs to APTW Residential School (Boys) at Narasaraopet village and Mandal, Guntur District” vide agreement No.EE/12/2018-19, dated 24.05.2018 is questioned as the same is illegal arbitrary and consequently direct the respondents to consider for payment of Rs.2,00,000/with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith and pass….”

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Heard Sri P.V.Venkata Ravi Sankar, learned counsel for the petitioner, learned Assistant Government Pleader for Social Welfare Department appearing for respondent Nos.1 to 3 and learned Assistant Government Pleader for Finance & Planning Department appearing for respondent No.4.

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When the matter is taken up for consideration today, learned Assistant Government Pleader for Social Welfare Department, on written instructions dated 29.09.2023, which is placed on record, submitted that, the authorities are ready and willing to pay the net amount of Rs.87,361/- (Rupees Eighty Seven Thousand Three Hundred and Sixty One only) towards Drilling of Bore Well and Rs.1,00,935/- (Rupees One Lakh Nine Hundred and Thirty Five only) towards Supply of fixing of submersible motor and the bills were already uploaded in CFMS and sought three (03) weeks’ time for payment.

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To the said submission, learned counsel for the petitioner reported no objection.

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Taking into consideration the submissions made by both the learned counsel for the petitioner as well as learned counsel for respondents, as the authority intends to pay the amount, this Court is inclined to dispose of the writ petition, at the admission stage with the consent of both the learned counsel by passing the following order:

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The respondent authorities are hereby directed to release the admitted/legally entitled amount to the petitioner at the earliest, and at any rate, within a period of three (03) weeks’ from the date of receipt of a copy of this order. It would be open to the petitioner to agitate his claim for interest, if any, payable by the respondents, if he is so advised, in an appropriate forum. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the writ

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petition shall stand closed.

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_________________________________ JUSTICE RAVI CHEEMALAPATI

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03^rd October, 2023 SCH/BSK

Mandli Pedda Mallu Swamy v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Mandli Pedda Mallu Swamy v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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