Andhra Pradesh High Court
WP/21414/2024 of S SALEEM BASHA Vs THE STATE OF AP on 31 December 2024
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21414/2024 Between: S Saleem Basha ...PETITIONER AND The State of AP
APHC010412672024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330](Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 21414/2024
Between:
...PETITIONER
S Saleem Basha
AND
The State of AP and others ...RESPONDENT(S)
Counsel for the Petitioner:1.SURESH KUMAR REDDY KALAVACounsel for the Respondent(S):1.GP FOR PANCHAYAT RAJ RURAL DEV
2.Mattegunta Sudhir, Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats
3.GP FOR FINANCE PLANNING
The Court made the following order:
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
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ORDER:
WRIT PETITION NO.21414 of 2024
The present writ petition is filed seeking to declare the action of the respondents in non-compliance of the 1) FTR No.810A520800515 in Work ID No.107A53005004080006 for an amount of Rs.77,502/- dt.25.02.2021 for CC Open Drainage system with Cover slab under MGNREGS in convergence with other funds; 2) FTR No.810A520800518 in Work ID No.107A53005004080005 for an amount of Rs.2,00,189/- dt.25.02.2021 for CC Open Drainage system with Cover slab under MGNREGS in convergence with other funds; 3) FTR No.810A520800524 in Work ID No.l07A53005004080007 for an amount of Rs.4,01,900/- dt.25.02.2021 for CC Open Drainage system with Cover slab under MGNREGS in convergence with other funds, 4) FTR No.810A520800521 in Work ID No.107A53005004080001 for an amount of Rs.2,09,182/- dt.25.02.2021 for CC Open Drainage system with Cover slab under MGNREGS in convergence with other funds, as illegal, arbitrary. Despite the execution of work, the respondents have not paid the amounts to the petitioner herein. Therefore, prayed to direct the respondents for payment amounts which were due to the petitioner for execution of the work.
2. The 4[th] respondent filed counter stating that an amount of Rs.8,88,773/- was uploaded and is payable to the Panchayat Secretary, Rompicherla Gram Panchayat and the present status is ‘to be sent to bank’. The amounts are to be paid from the 30% Swachh Bharath Mission-Gramin (SBM-G) share by the managing director, Swachh Andhra Corporation, Government of A.P., as per the material payment orders generated. In the counter it is further stated that a letter was addressed by the District RWS Engineering Officer, Rayachoty, Annamayya District to the Chief Engineer, RWS, Project Director, Drinking Water Supply Corporation, Vijayawada to request Managing Director, Swachh Andhra Corporation, Government of AP in this regard and in turn, the Chief Engineer has requested the Managing Director, Swachh Andhra Corporation to release the amount of Rs.9,15,126/- (Gram Panchayat Rompicherla FTR amount of Rs.8,88,773/- and Executive Engineer, RWS, FTR amount of Rs.26,353/-) raised under convergence grant.
3. On careful examination of the counter, the respondents are not disputing the amount due to the petitioner herein. Therefore, the Writ Petition is disposed of directing the respondents herein to pay the admitted amount to the petitioner herein within a period of eight weeks from the date of receipt of a copy of this order, failing which, the petitioner is entitled to claim interest @6% per annum from the date of writ petition till the date of realization. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
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JUSTICE TARLADA RAJASEKHAR RAO Date : 31.12.2024 SPP
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO. 21414 of 2024
Date : 31.12.2024
SPP