Dismissed

Tummala Lakshmana Rao, v. The State of Andhra Pradesh

Andhra Pradesh HC11 Oct 2023WP/15521/2023

Case brief

AI extract

What is this about?

This is an order disposing of a writ petition filed under Article 226 concerning construction payment delays. The Court, with the consent of parties, disposed of the matter referencing a prior order granting six weeks for payment and directed the Respondents to release the admitted amount.

What did the court decide?

Directed respondents to release admitted bill amount within six weeks of order receipt. Claims for interest to be pursued separately.

Tummala Lakshmana Rao, Vs The State… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO.15521 OF 2023

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ORDER :

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“….. to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of Rs.40,92,768/- even after finalizing the bills payable to the petitioner in relation to the works i.e., “Formation of Internal Roads (Block-C) in Mallayapalem (V) of Gudiwada (Urban), Krishna District, Lay Out ID No. 068301LA114084” vide agreement dated 27.08.2022, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amount of Rs.40,92,768/- with interest 24 % per annum for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith and pass….”

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Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, Smt. T.Padmaja, learned Assistant Government Pleader for Finance & Planning Department appearing for respondent No.6, Sri E.V.Jagannadha Rao, learned Standing Counsel for APSHCL appearing for respondent Nos.5 & 6 and Sri Venkata Narayana, learned Assistant Government Pleader for

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Panchayat Raj & Rural Development appearing for respondent Nos.1, 2, 3 & 4.

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Sri E.V.Jagannadha Rao, learned Standing Counsel for APSHCL, on written instructions dated 11.10.2023, which is placed on record, submitted that, the bill amount of the petitioner has been admitted by the authorities and sought time for payment. They also submitted that this Court, vide order dated 28.06.2022 in Writ Petition No.17411 of 2022, granted six (06) weeks time for payment of the bill amount and prayed to consider this Writ Petition in similar lines.

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To the said submission, learned counsel for the petitioner reported no objection.

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In view of the above, with the consent of learned counsel for both the parties, this Writ Petition is disposed of, at admission stage, in terms of the orders passed in W.P. No.17411 of 2022, dated 28.06.2022.

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Accordingly, the respondents are directed to release the admitted/legally entitled amount to the petitioner at the earliest and at any rate, within a period of six (06) weeks’ from the date of receipt of a copy of this order. It would be open to the petitioner to agitate its claim for interest, if any, payable by the respondents, if he is so

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advised, in an appropriate forum. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the

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writ petition shall stand closed.

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__________________________________ JUSTICE RAVI CHEEMALAPATI

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11^th October, 2023 TJN/KKV

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186

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION No.15521 OF 2023

Date: 11-10-2023

TJN/KKV

HIGH COURT OF ANDHRA PRADESH

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Writ Petition No. 15521 OF 2023

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PROCEEDING SHEET

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Sl No	Date	ORDER
02	11.10.2023	RC, J
		The Writ Petition is disposed of.
		(Vide Separate Order)
		________ RC, J TJN/KKV

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Tummala Lakshmana Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Tummala Lakshmana Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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