IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SUNDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 16664 of 2008 Between: M/s. Manikanta Constructions, a Partnership Firm, having its Office at 11-1-1812, Maruthi Nagar, Armoor Road, Nizamabad, Rep by its Partner, P. Surender Rao ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep by its Principal Secretary to Government, Panchayat Raj & Rural Development (Progs.1) Department at Secretariat, Hyderabad. 2 The Chief Engineer (Panchayat Raj), AP Economic Restructuring Project, Hyderabad. 3 The Superintending Engineer, Panchayat Raj Circle, Adilabad. 4 The Executive Engineer, Panchayat Raj, PIU, World Bank Project, at Adilabad .....RESPONDENT(S) 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 a writ of Mandamus or any other appropriate writ or writs, order or direction declaring the action of respondents in not providing funds as per final bills prepared by 4th respondent and as recommended by Respondent No. 3 in respect of Agreement No. 04/SE/2005-2006 dt. 4- 4-2005 pursuant to modified administrative sanction granted by first respondent in GO Ms.No. 240 dt. 28-5-2007, as illegal and arbitrary and to consequently direct the respondents herein to forthwith consider the representation dt. 10-6-2008 of the petitioner and release the amounts due to the petitioner in respect of the above Agreement Award costs. Counsel for the Petitioner:MR.K.RAGHUVEER REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. WRIT PETITION NO : 16681 of 2008 Between: A. Narayana Reddy S/o. A. Bhoja Reddy R/o. Priyadarshini Nagar, Nirmal, Adilabad District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development (Progs.1) Department at Secretariat, Hyderabad. 2 The Chief Engineer (Panchayat Raj), A.P. Economic Restructuring Project, Hyderabad. 3 The Superintending Engineer, Panchayat Raj Circle, Adilabad. 4 The Executive Engineer, Panchayat Raj, PIU, World Bank Project, at Adilabad. .....RESPONDENT(S) 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 to issue a writ of Mandamus or any other appropriate Writ or Writs, Order or Direction declaring the action of the respondents in not providing funds as per final bill prepared by the 4th respondent and as recommended by Respondent No.3, in respect of agreement No.01/SE/2005-06 dt. 01.04.2005, pursuant to modified administrative sanction granted by first respondent in G.O.Ms.No.240 dt. 28.05.2007, as illegal and arbitrary, and to consequently direct the respondents herein to forthwith consider the representation dt. 10.06.2008 made by petitioner and release the amounts due to the petitioner in respect of the above agreement; Award costs and pass Counsel for the Petitioner:MR.K.RAGHUVEER REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. WRIT PETITION NO : 16866 of 2008 Between: Janga Raghava Reddy, Class I & Special Class Contractor, Subedary, Hanmakonda, Warangal District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep. by its Principal Secretary to Government, Panchayat Raj & Rural Development (Progs.1) Department at Secretariat, Hyderabad. 2 The Chief Engineer (Panchayat Raj), A.P. Economic Restructuring Project, Hyderabad. 3 The Superintending Engineer, Panchayat Raj Circle, Adilabad. 4 The Executive Engineer, Panchayat Raj, P I U, World Bank Project, at Adilabad. .....RESPONDENT(S) 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 to issue a writ of Mandamus or any other appropriate writ or Writs, Order or Direction declaring the action of the respondents in not providing funds as per final bill prepared by 4th respondent and as recommended by Respondent No.3, in respect of Agreement No.15/SE/2000-01 dt. 19.03.2001 pursuant to modified administrative sanction granted by first respondent in G.O.Ms.No.240 dt. 28.05.2007, as illegal and arbitrary, and to consequently direct the Respondents herein to forthwith release the amounts due to the petitioner in respect of the above agreement, by considering the representation dt. 11.07.2008 made by Petitioner; Award costs and pass Counsel for the Petitioner:MR.K.RAGHUVEER REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following: COMMON ORDER:- Inasmuch as the dispute involved in these three writ petitions is one and the same, they are taken up together for disposal by this common order. The assertion of the petitioners-contractors is that in pursuance of the Tender Notification dated 29.12.2004, they submitted their Tenders, and they were declared as successful bidders. The petitioners, having been awarded the work, completed the same. Thereupon, the 2nd respondent addressed a letter to the 3rd respondent directing him to make payments to the petitioners after receipt of modified administrative sanction from the Government. The Government also issued orders in G.O.Ms.No.240, dated 28.5.2007 modifying the administration sanction and determined the amounts payable to the petitioners, but did not release the payments. Then, the petitioners made representations dated 10.6.2008 and 11.7.2008 to the 3rd respondent requesting him to pay the sanctioned amounts. Now, the grievance of the petitioners is that though they made representations, the respondents are causing delay in releasing/making payments to them on the ground of non-availability of funds because of financial stringency. When the matter came up for hearing on the last occasion, the learned Government Pleader for Panchayat Raj appearing for the respondents was directed to find out the reasons for the delay in releasing the petitioners’ bill amounts. Today, when this matter is taken up, it is submitted by the learned Government Pleader that the cases of the petitioners have already been recommended and sent for Finance Department for sanction, and prays that if some time is granted, the respondents will make payments to the petitioners. In view of the statement made by the learned Government Pleader for Panchayat Raj, this Court is inclined to dispose of the writ petition with the following directions: “The 1st respondent-Government and the 2nd respondent-Chief Engineer are directed to pay the petitioners the amounts which are due and payable to them, within a period of eight weeks from the date of receipt of a copy of this order subject to the petitioners fulfilling other conditions, if any. “ Accordingly, these writ petitions are disposed of. No costs. _______________ N.V. RAMANA, J 6th July, 2009. bcj