Disposed

Sri Lakshmi Vigneshwara Constructions v. the State of Andhra Pradesh

Andhra Pradesh HC13 Oct 2023WP/26086/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the court directed respondents to pay the petitioner's undisputed dues of approximately Rs.37.83 lakhs within three months, disposing of the petition at the admission stage with consent.

What did the court decide?

Direction to respondents to release the legally entitled amount to the petitioner within three months from the date of receipt of the order.

Sri Lakshmi Vigneshwara Constructions Vs the… — Service and Employment | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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Writ Petition No.26086 of 2023

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ORDER :-

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This writ petition, under Article 226 of the Constitution of

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India, is filed seeking the following relief/s:

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“… may be pleased to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus to declaring the inaction on the part of the respondents herein not releasing and pay the bill amounts worth of Rs.37,83,788/- (Rupees Thirty Seven Lakhs Eighty Three Thousand Seven Hundred and Eighty Eight only) with interest for execution of various works as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially direct the respondents to release and pay the amounts of worth of Rs.37,83,788/(Rupees Thirty Seven Lakhs Eighty Three Thousand Seven Hundred and Eighty Eight only) with interest to the petitioner forthwith and to pass such…”

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Heard Miss.Sameera Bokka, learned counsel for the petitioner, learned Assistant Government Pleader for Transport appearing for respondent No.1, Smt. Swarna Latha, learned Government Pleader for Roads & Buildings Department appearing for respondent Nos.2 to 5 and Smt. T.Lakshmi Padmaja, learned Assistant Government Pleader for Finance & Planning Department appearing for respondent No.6.

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RC,J WP_26086_2023

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Smt. Swarna Latha, learned Government Pleader for Roads & Buildings Department, on written instructions dated 23.09.2023, submitted that the authorities are ready and willing to pay the net amount to the petitioner after statutory deductions but waiting for fund clearance. As and when the funds are released, the authorities will pay the amounts to the petitioner and sought three (03) months’ 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 of both the learned counsel for the petitioner as well as learned Assistant Government Pleader for respondents, as the authority intends to pay the amounts, there is no purpose in keeping the Writ Petition pending. As such, 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 concerned respondent-authority is here by directed to release the legally entitled amount to the petitioner within a period of three (03) months’ from the date of receipt of copy of this order. It would be open to the petitioner to agitate its claim

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RC,J WP_26086_2023

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for interest, if any, payable by the respondents, if he is so

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advised, in an appropriate forum.

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Accordingly, the Writ Petition is disposed of. There shall

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be no order as to costs.

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As a sequel, Miscellaneous Applications, if any, pending shall stand closed.

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JUSTICE RAVI CHEEMALAPATI

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13^th October, 2023. TJN/KKV

Sri Lakshmi Vigneshwara Constructions v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sri Lakshmi Vigneshwara Constructions v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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