Disposed

P.Kasthuraiah v. The Dist Collector

Telangana HC16 Dec 2004WP/23366/2004

Case brief

AI extract

What is this about?

Petitioner filed a writ petition alleging failure to receive Rs.37,000 for completed irrigation work. The court held it cannot adjudicate work satisfaction or unpaid dues directly and directed respondents to examine a representation filed by the petitioner within six weeks.

What did the court decide?

Directions issued to respondents to examine petitioner's representation and pass appropriate orders within six weeks.

P.Kasthuraiah Vs The Dist Collector — Service and Employment | Telangana HC (2004)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND FOUR

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PRESENT

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THE HON'BLE MR JUSTICE L.NARASIMHA REDDY

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WRIT PETITION NO : 23366 of 2004

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Between:

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P.Kasthuraiah S/o.Peeraiah Varadaiah Palem, Varadaiahpalem (M), Chittoor Dist.

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..... PETITIONER

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AND

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1 The Dist Collector, Chittoor Dist.

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2 Superintending Engineer Irrigation&Command Area

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Development, Irrigation Circle, Chittoor Dist. 3 The Executive Engineer Irrigation&Command Area

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Development, Irrigation Division (Kalahasti) Chittoor Dist.

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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 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.37,000/- to the petitioner in respect of the work completed by the petitioner, in respect of the work, namely CDR to D/s, L/s Flood Bank of Sunnapu Kalva Anicut in Varadaiahpalem Village in pursuance of Proceedings DR No.20 EGS/94-95 IDT No.1241, 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 37,000/- 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;

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Counsel for the Petitioner:MR.V.VINOD.K.REDDY

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Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV.

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The Court at the admission stage made the following :

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ORDER:

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The petitioner claims that he has been assigned the work of providing C.D.R. to D/S, L/S Flood Bank of Sunnapu Kalva Anicut in 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.37,000/- 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.

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Heard learned counsel for the petitioner and learned Government Pleader for Irrigation.

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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.

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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.

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16.12.2004 Note: Issue C.C. in two days (B/o) Jsu

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1 The Dist Collector, Chittoor Dist. 2 Superintending Engineer Irrigation&Command Area

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Development, Irrigation Circle, 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. (O.U.T) 5 2CD copies.

P.Kasthuraiah v. The Dist Collector

Case brief

What is this about?

What did the court decide?

P.Kasthuraiah v. The Dist Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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