Allowed

Velidi Suresh, v. State of Andhra Pradesh

Andhra Pradesh HC22 Jan 2024WP/642/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court of Andhra Pradesh was asked to direct the release of Rs. 1,67,775/- for school construction works. The Court noted that the respondents admitted the petitioner's entitlement but had failed to make payment. The Court directed the release of the admitted amount within six weeks and disposed of the petition.

What did the court decide?

Directed respondents to release Rs. 1,67,775/- to the petitioner within six weeks from the date of receipt of the order.

Velidi Suresh, Vs State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 642 OF 2024

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Between:

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Velidi Suresh, S/o. Satyanarayana, aged 34 years, Occ Contractor, R/o. D.No. 3-91, High School Road, Mogalthuru Village, Mogalthuru Mandal, West Godavari District.

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...PETITIONER

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AND

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State of Andhra Pradesh, Rep. by its Principal Secretary School Education Department, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District.

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State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District.

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The Commissioner, School Education Department, A.P. Samagra Shiksha, Vijayawada.

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The Chief Engineer, Samagra Shiksha, High School Road, Patamata, Vijayawada.

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The District Collector and Chairman, Andhra Pradesh Samagra Siksha (APSS) West Godavari District, Bhimavaram.

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The District Educational Officer and Ex-Officio District Project

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Coordinator, Andhra Pradesh Samagra Siksha (APSS) West Godavari District, Bhimavaram.

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The Additional Project Co-Ordinator, Andhra Pradesh Samagra Siksha (APSS) West Godavari District, Bhimavaram.

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The Project Officer, Andhra Pradesh Samagra Siksha, (APSS), West Godavari District, Bhimavaram.

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Executive Engineer,Andhra Pradesh Samagra Siksha, (APSS) Eluru, Eluru District.

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lO.Deputy Executive Engineer, Andhra Pradesh SamagraSiksha, (APSS), Narasapur, West Godavari District.

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...RESPONDENTS

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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 to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate^{writordirection} declaring the action of the respondents in not releasing the payments for the works i.e., for Construction of Additional Class Rooms (2 No/3 Nos) to ZPHS at Mogalthuru Village of Mogalthuru Mandal, West Godavari District for an amount of Rs. 1,67,775/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent^{authoritiesto} release Rs. 1,67,775/- for the above said works executed by the petitioner. lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct respondents to consider for payment of amount of Rs. 1,67,775/- for the works executed by the petitioner i.e., for Construction of Additional Class Rooms (2 No/3 Nos) to ZPHS at Mogalthuru Village of Mogalthuru Mandal, West Godavari District for an amount of Rs. 1,67,775/forthwith, pending disposal of the main Writ Petition.

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Counsel for the Petitioner: SRI. RAMBABU KOPPINEEDI

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Counsel for the Respondents No.1, 3: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING Counsel for the Respondents No.4 to 10: M/s. R. SUDHA RANI, SC FOR

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SAMAGRA SHIKSHA

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The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.642 of 2024

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ORDER:

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following^relief:-

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.. to issue a Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e. for Construction of Additional Class Rooms (2 No/3 Nos) to ZPHS at Mogalthuru Village of Mogalthu ru Mandal, West Godavari District for an amount of Rs.1,67,775/- as illegal, arbitrary and violative of^Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 1,67,775/-for the above said works executed by^the petitioner...”

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Heard learned counsel for the petitioner and learned counsel appearing for the respondents.

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Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is^entitledfor payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary^and high-handed and thereby requires interference by this^Court.

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At the time of hearing, the learned Standing Counsel^for Samagra Shiksha, has submitted a copy of instructions^ofthe Additional Project Coordinator, Samagra Shiksha, Eluru^District vide Lr.Rc.No.756, B,SS,2023, dated 20.01.2024, wherein it is stated as follows:

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“....the work Construction of ACR’s (2 nos) sanctioned^with an estimate cost of Rs. 10.60 lakhs the work was completed and an amount of Rs.8,76,150/- was already released to School ZPHS Mogalthuru (V&M) out of which an amount of Rs.8,00,000/- was utilized to construct the above work by the school management committee and an amount of Rs. 76,150/- was retrieved by the authorities from^theschool. In view of the circumstances explained above, request the authorities to release an amount of Rs. 1,67,775/immediately to this office towards payment of Construction of ACR’s (2 nos) in ZPHS Mogalthuru of Mogalthuru Mandal of West Godavari District, sanctioned in AWP & B 2011-12 to the petitioners... ”

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In view of the above instructions submitted by the^learned Standing Counsel for Samagra Shiksha, since the bill^amount claimed by the petitioner is an admitted bill, this Court^feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs. 1,67,775/(Rupees One lakh sixty seven thousand seven hundred and seventy five only)

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to the petitioner within a period of six (6) weeks^{fromthedateof} receipt of a copy of this order.

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With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. this Writ Miscellaneous petitions pending, if any, in Petition shall stand closed.

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SD/- B. PRASADA RAO ASSISTANT REGISTRAR

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//TRUE COPY//

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To,

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The State Principal Secretary, School Education^{DepartmentofAndhra} Pradesh, Secretariat, Velagapudi, Amaravati, Thullur^Mandal, Guntur District.

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The Principal Secretary, Finance Department, State^{ofAndhraPradesh,} Secretariat, Velagapudi, Amaravati, Thullur Mandal,^{GunturDistrict.}

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The Commissioner, School Education Department, A.P. Samagra Shiksha, Vijayawada.

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The Chief Engineer, Samagra Shiksha, High School^Road, Patamata, Vijayawada.

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The District Collector and Chairman, Andhra Pradesh^{SamagraSiksha} (APSS) West Godavari District, Bhimavaram.

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The District Educational Officer and Ex-Officio District Project Coordinator, Andhra Pradesh Samagra Siksha (APSS) West^Godavari District, Bhimavaram.

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The Additional Project Co-Ordinator, Andhra Pradesh^{SamagraSiksha} (APSS) West Godavari District, Bhimavaram.

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The Project Officer, Andhra Pradesh Samagra Siksha,^(APSS),West Godavari District, Bhimavaram.

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Executive Engineer,Andhra Pradesh Samagra Siksha,^(APSS) Eluru, Eluru District.

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10.Deputy Executive Engineer, Andhra Pradesh SamagraSiksha,^(APSS), Narasapur, West Godavari District.

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One CC to SRI RAMBABU KOPPINEEDI Advocate [OPUC]

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Two CCS to GP FOR SCHOOL EDUCATION, High Court^ofAndhra Pradesh. [OUT]

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Two CCS to GP FOR FINANCE AND PLANNING, High Court^of Andhra Pradesh. [OUT]

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One CC to M/s. R. SUDHA RANI, Advocate SC FOR SAMAGRA SHIKSHA [OPUC]

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Three C.D.Copies

HIGH COURT

DATED:23/01/2024

ORDER

WP.No.642 of 2024

DISPOSING OF THE WP WITHOUT COSTS

Velidi Suresh, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Velidi Suresh, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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