Writ petition filed claiming unpaid dues for completed irrigation work. Court declined to adjudicate on work satisfaction or payment, directing respondents to examine the petitioner's representation within six weeks.
Direction to respondents to examine the petitioner's representation dated 26.10.2004 and pass appropriate orders within six weeks.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION NO : 23364 of 2004
Between:
M.Polaiah, S/o.Uradalaiah, Kalathur Village, Varadaiahpalem (M), Chittoor Dist.
..... PETITIONER
AND
Engineer, Irrigation Division (Kalahasti) Chittoor Dist.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any appropriate writ, order or direction preferably a writ in the nature of Mandamus, declaring the inaction of the respondents in not releasing the balance payment of Rs.13,330/- to the petitioner in respect of the work completed by the petitioner, in respect of the work, namely CDI. to Palulu Kalva Anicut Supply Channel R/S Bank, Near Kalathur Village, Varadaiahpalem Mandal, Chittoor Dist. in pursuance of Proceedings DR No.EGS/94-95 IDT No.1275, as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct the respondents to forthwith release the amount of Rs.13,330/- to the petitioner together with interest at the rate of 24% per annum from the date of completion of the work till the date of payment.
Counsel for the Petitioner:MR.V.VINOD.K.REDDY
Counsel for the Respondents:GP FOR IRRIGATION & COMM AREA DEV.
The Court at the admission stage made the following :
ORDER:
The petitioner claims that he has been assigned the work of providing C.D.I. to Pamulu Kalva Anicut Supply Channel R/S Bank, Near Kalathur Village, Varadaiahpalem Mandal, Chittoor District. He states that the work has been completed to the satisfaction of the respondents. According to him, a sum of Rs.13,330/- was not paid, despite his repeated requests. He claims to have made a representation, dated 26.10.2004, in this regard and seeks appropriate directions.
Heard learned counsel for the petitioner and learned Government Pleader for Irrigation.
According to the petitioner, he was assigned the work referred to above and had executed the same. The questions as to whether the work has been executed to the satisfaction of the respondents and whether any amount still remains unpaid to the petitioner, cannot be decided by this Court. The petitioner claims to have made a representation on 26.10.2004.
Hence, the writ petition is disposed of directing the respondents to examine the representation of the petitioner and pass appropriate orders thereon, within a period of six weeks from the date of receipt of this order. There shall be no order as to costs.
16.12.2004 Note: Issue C.C. in two days.
(B/o) Jsu
To
1 The Dist Collector, Chitoor Dist. 2 The Superintending Engineer Irrigation&Command Area Development, Chittoor Dist.
3 The Executive Engineer, Irrigation&Command Area Development, Irrigation Division (Kalahasti) Chittoor Dist.
4 2CCs to the G.P. for Irrigation and Command Area Development, High Court Buildings, Hyderabad.
5 2CD copies.
1 issue framed by the court
Whether the High Court can decide on the satisfaction of work and unpaid claims between the petitioner and the respondents.
M. Polaiah
The Dist Collector
Superintending Engineer Irrigation&Command Area Development
Executive Engineer Irrigation&Command Area Development
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
