M Malakondaiah vs. The State Of Andhra Pradesh
Held
The Court disposed of the writ petition at the admission stage, noting that the respondent authorities were ready and willing to pay the admitted/legally entitled amount of Rs. 2,42,885/- to the petitioner upon the furnishing of their GST number. The Court found no purpose in keeping the writ petition pending. Accordingly, the respondent authorities were directed to release the admitted/legally entitled amount to the petitioner within one week of the petitioner furnishing their GST number. The Court also clarified that it would be open for the petitioner to agitate their claim for interest, if any, in an appropriate forum. The issue of interest was expressly left for the petitioner to pursue separately.
Facts
The petitioner filed a writ petition seeking the release of bill amounts totaling Rs. 3,42,143/- for providing water supply for house construction under the NPI Grant. The petitioner claimed that the works were completed within the stipulated time and that the respondents' failure to release the funds was illegal and arbitrary, causing financial loss with interest. The respondents, through the Assistant Government Pleader for Panchayat Raj and Rural Development, submitted that they were willing to pay Rs. 2,42,885/- after statutory deductions, provided the petitioner furnished their GST number. The petitioner's counsel reported no objection to this submission.
Key Issues
1. Whether the respondents' action in withholding the bill amounts for water supply works, despite completion, is illegal and arbitrary, warranting a direction for release along with interest, as per the petitioner's claim under Article 226 of the Constitution of India. Petitioner's contention: The petitioner argued that the non-release of the bill amount of Rs. 3,42,143/- for completed works was illegal and arbitrary, causing financial loss and interest. They sought a mandamus to release the amount with interest. Respondents' contention: The respondents, represented by the Assistant Government Pleader for Panchayat Raj and Rural Development, stated that they were prepared to release an admitted amount of Rs. 2,42,885/- after statutory deductions, contingent upon the petitioner providing their GST number. No specific legal provisions were cited by either party in the arguments presented.
Sections Cited
Article 226
AI-generated summary — verify with the full judgment below
1
THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.24412 of 2023 ORDER: This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking the following relief: “….to issue an appropriate 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 covered by NPI Grant worth of Rs.3,42,143/- for providing water supply to YSR Jagananna Colony for houses construction purpose at Mittapalem Village of Kondepi Mandal and causing heavy loss with interest even though total works were completed within time as illegal, arbitrary and consequently direct the respondents to release and pay the above mentioned amount along with interest forthwith and to pass such other order or orders…”
Heard Sri Shaik Meeravali, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos.1, 3 to 7, learned Assistant Government Pleader for Finance and Planning Department appearing for respondent no.2, Sri G.Venkata Reddy, learned standing counsel appear
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