Allowed

V Srinivasa Rao, v. The State of Andhra Pradesh

Andhra Pradesh HC13 Oct 2022WP/22376/2022

Case brief

AI extract

What is this about?

Writ petition filed by a contractor for non-payment of dues regarding urgent repairs contracts. The court directed the respondents to release the due amount of Rs.2,93,011/- within eight weeks. Claim for interest left for appropriate forum.

What did the court decide?

Respondents directed to release total due amount of Rs.2,93,011/- to the petitioner within eight weeks.

V Srinivasa Rao, Vs The State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.22376 of 2022

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V. Srinivasa Rao, S/o v. Rama Rao, aged about 56 years, Occ: Contractor, R/o D.No.9-3-68, Kathulagudem, Pithapuram, Kakinada Distirct

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… Petitioner Versus

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department, Secretariat Buildings, Velagapudi, Guntur District – 522237 and four others.

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… Respondents

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Counsel for the petitioner

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: Ms. M. Kiranmayee

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Counsel for respondent Nos.1, 3 and : Learned Government Pleader 4 for Social Welfare

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Counsel for respondent No.2

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Learned Government Pleader for Finance & Planning

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Counsel for respondent No.5 Learned Government Pleader for R & B

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ORDER:

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The writ petitioner was awarded the contract of execution of works i.e. “(i) urgent repairs to CGH PTP (Chebrolu) in East Godavari District, (ii) urgent repairs to boys hostel at Moolapeta in East Godavari District and (iii) urgent repairs to boys hostel No.1 at Pithapuram in East Godavari District” vide L.S Agreement D.R.Nos.81, 83 and 82/2018-19, dated 03.10.2018. After execution of the contract, the respondents did not release the amount of Rs.2,93,011/- (Rs.95,866/- + Rs.1,01,468/- +

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Rs.95,657/-) to the petitioner pertaining to aforementioned agreements. As the payment of the said due amount has not been made by the respondents, the petitioner approached this Court by way of this writ petition.

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid amount, no payment is made. The petitioner contends that such non-payment of money is clearly illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to pay the aforesaid due amount with interest to the petitioner.

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3. Heard both sides.

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Learned Government Pleader for Roads & Buildings, on instructions submitted that petitioner is entitled to bills pertaining to L.S Agreement D.R.Nos.81, 83 and 82/2018-19, dated 03.10.2018.

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This Court, in various orders, including the common order dated 05.10.2021 in W.P.No.10038 of 2021 and batch passed by a learned Single Judge of this Court had taken the view that such non payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

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In view of the common order passed by this Court and after hearing the submissions of learned counsel on either side, this Writ Petition is disposed of directing the respondents to release the total due amount of Rs.2,93,011/- (Rs.95,866/- + Rs.1,01,468/- + Rs.95,657/-) pertaining to L.S Agreement D.R.Nos.81, 83 and 82/2018-19, dated 03.10.2018 to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. It is open to the petitioner to agitate his claim for interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

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Miscellaneous petitions, if any pending, in this case, shall stand closed.

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_______________________________ JUSTICE SUBBA REDDY SATTI

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Date : 13.10.2022 IKN

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130

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HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.22376 of 2022

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Dated 13.10.2022 ikn

V Srinivasa Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

V Srinivasa Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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