IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16794 of 2008 Between: K. Venkateswarlu S/o. Venkata Appaiah R/o. Janatapeta North, Kavali, Nellore District. ..... PETITIONER AND 1 The Superintending Engineer, Public Health Department, Dhargamitta, Nellagiri Sangam, Nellore, Nellore Distirct. 2 The Executive Engineer, Public Health Department, Ongole, Prakasam District. 3 The Pay and Accounts Officer, Ongole, Prakasam District. .....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 an order or direction more one in the nature of writ of mandamus declaring the action of the respondents in not aﬀecting payments for the works to a tune of Rs.31,250/- in so far as the technical agents are concerned, vide Agreement No.43/1999-2000, dated 01.03.2000 as entered in the measurement books on the ﬁles of the respondents, is illegal, arbitrary and contrary to the Agreement No.43/1999-2000, dated 01.03.2000 and consequently direct the respondents to pay the amounts due to the petitioner to a tune of Rs.31,250/- in so far as the technical agents are concerned vide Agreement No.43/1999-2000, dated 01.03.2000 and pass Counsel for the Petitioner: MR.C.H.SATISH KUMAR Counsel for the Respondent: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by Sri K. Venkateswarlu, assailing the action of the respondents 1 and 2 in not considering his representation with regard to the balance payment of Rs.31,250/- pursuant to the works carried out by him under agreement No.43/1999-2000, dated 01.03.2000. The petitioner is a Class-II contractor. He participated in the tender notiﬁcation, issued calling for works relating to laying of C.C. Road from Turupudonka Main Road to Mahalakshmi Tree Via Masjid Centre, of Cheerala, Prakasam District. He became the successful tenderer and the work was entrusted to him under Agreement No.43/1999-2000, dated 01.03.2000. He completed the said work and submitted bills. The respondent has paid part amount to a tune of Rs.14,97,496/-. Yet an amount of Rs.31,250/- is to be paid to him. Hence he submitted representation, dated 01.08.2006 for payment of balance amount. His representation remained unattended. Hence he invoked the jurisdiction of this Court under Article 226 of the Constitution of India. When the writ petition came up for admission, the learned Government Pleader for Municipal Administration, received notice on behalf of respondents 1 and 2. The fact of the petitioner submitting representation, dated 01.08.2006 seeking payment of balance amount for the work done by him pursuant to the agreement, dated 01.03.2000 is not disputed. In that view of the matter, the Writ Petition is disposed of at the stage of admission, directing the respondents to consider the representation, dated 01.08.2006 submitted by the petitioner and pass appropriate orders as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. _________________________ (B. Seshasayana Reddy, J.) 4th August, 2008 Note: C.C. in 3 days (B/o) Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintending Engineer, Public Health Department, Dhargamitta, Nellagiri Sangam, Nellore, Nellore Distirct. 2 The Executive Engineer, Public Health Department, Ongole, Prakasam District. 3 The Pay and Accounts Officer, Ongole, Prakasam District. 4 2 CCs to G.P. for Medical & Health & Family Welfare, High Court of A.P. Hyderabad.(OUT) 5 2 CCs to G.P. for Municipal Administration, High Court of A.P. Hyderabad. (OUT) 6 2 CD copies.