S.SRINIVAS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition has been filed to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying an amount of Rs.8,66,355/- (Rupees Eight lakh Sixty Six thousand Three hundred and fifty five only) in respect of work relating to "Special Development Fund (SDF) 2017-18--Tadepalligudem Assembly Constituency--Construction of C.C Road in 35th Ward from MIT-219 house to Soma Enclave, Tadepalligudem basing on Memo No. PLG01- PLG0FUNDS(SDF)/43/2019, dated 09.07.2019 of the Special Secretary, Planning (VI) Department, Government of A.P., and consequential Proc. No. E-1732191/DYSOII/SDF/2019, dated 16.07.2019 and Lr. No. E1732191/DYSO-II/SDF/2019, dated 26.07.2020 of the 3rd respondent as illegal, irregular, ultra vires, arbitrary, highhanded mala fide and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release an amount of Rs.8,66,355/- (Rupees Eight lakh Sixty Six thousand Three hundred and fifty five only) along with 18 % interest from the date of rejection of the bill to till the date of realization forthwith.

(2.) Heard Sri B. Jaya Prabhakara Rao, learned counsel for the petitioner and the learned Government Pleader for Finance and Planning for respondent Nos. 1,5,6 and 7, the learned Government Pleader for Municipal Administration for Respondent Nos. 2 and 4, the learned Government Pleader for Revenue for Respondent No.3 and Sri I. Koti Reddy, learned Standing Counsel for Respondent No.8 and perused the material available on record.

(3.) In spite of service of notice to the respondents by Order dated 21.10.2020, no counter affidavit has been filed by the respondents till date. As per Rule 12 (i) (a) of the Andhra Pradesh High Court Writ Proceedings, 1977, every Respondent in every Writ Petition intending to enter appearance and oppose any Writ Petition on which notice is issued by the High Court, shall enter appearance and file a Counter Affidavit in opposition as soon as may be and in any event not later than 120 days from the date of service of notice in the Writ Petition. But, in the present Writ Petition, no counter affidavit has been filed by following Rule 12 of the Writ Rules, and accordingly, in the opinion of this Court, not filing of the counter affidavit by the respondents demonstrates that the respondents are not intending to oppose the Writ Petition.