Maddala Sreenivasulu Vs the State of Andhra Pradesh

THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 238.

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THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 238.

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THE DIRECTOR OF WORKS AND ACCOUNTS, 3RD FLOOR, C- BLOCK, ANJANEYA TOWERS, IBRAHIRNPATNARN, KRISHNA DISTRICT- 521456.

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THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT.

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THE EXECUTIVE ENGINEER, NELLORE NORTH DIVISION, NELLORE, SPSR NELLORE DISTRICT.

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THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION2, KAVALI, SPSR NELLORE DISTRICT.

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THE ASSISTANT EXECUTIVE ENGINEER, SECTION NO.2, BITRAGUNTA, SPSR NELLORE DISTRICT.

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THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, NELLORE, NELLORE DISTRICT.

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THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS NELLORE, NELLORE DISTRICT.

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...RESPONDENT(S):

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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 toto issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of work in terms of the Agreement No. 169 DN(N)/2018-19 dated 20.11.2018 with the Measurement Book (M-Book) No.2919-B, for the work executed by the petitioner with the total cost of Rs.5,21,563/- under the 'Neeru Chettu' program, approved for payment and entered in the CFMS (Comprehensive Financial Management System), even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from being contrary to the orders of this Honble Court issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreements, along with interest accrued on the said amounts from the due date till the date of payment and pass

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IA NO: 1 OF 2022

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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 direct the Respondents to forthwith pay the final bill amounts payable to the Petitioner in relation to the work executed by him under "NeeruChettu" programme with the Agreement No. 73 SE/2017-18 dated 27.09.2017 with the Measurement Book (M-Book) No. 2154-B, for the works executed by the petitioner with the total cost of Rs.7,98,182/- pending disposal of the main Writ Petition and pass

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Counsel for the Petitioner:

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1.T VENU GOPAL

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Counsel for the Respondent(S):

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1.GP FOR FINANCE PLANNING

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2.GP FOR REVENUE

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3.GP FOR IRRIGATION COMM AREA DEV

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The Court made the following:

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.2491 of 2022

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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, declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of work in terms of the Agreement No.73 SE/2017-18 dated 27.09.2017 with the Measurement Book (M-Book) No.2154-B, for the works executed by the petitioner with the total cost of Rs.7,98,182/- under the 'Neeru Chettu' program, approved for payment and entered in the CFMS (Comprehensive Financial Management System), even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from being contrary to the orders of this Honble Court issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreements, along with interest accrued on the said amounts from the due date till the date of payment and pass…”

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Today when the writ petition came up for hearing, Mr. V. Anil Kumar, learned counsel representing Mr. T. Venu Gopal, learned counsel for the petitioner has stated that as the amounts payable to the petitioner have already been paid pending the writ petition, no further orders are required in the writ petition.

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