Disposed

M/S. Bar Constructions v. the State of Andhra Pradesh

Andhra Pradesh HC20 Oct 2023WP/25476/2023

Case brief

AI extract

What is this about?

This order disposes of a writ petition seeking direction to pay a second installment of a disputed construction bill. Acknowledging the respondent authority's readiness to pay within three months and holding further judicial proceedings unnecessary, the court disposed of the petition at the admission stage based on mutual consent.

What did the court decide?

Directed respondent authority to legally entitled amount within three months from date of order.

M/S. Bar Constructions Vs the State of… — Public Procurement and Tenders | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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Writ Petition No.25476 of 2023

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ORDER :-

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This writ petition, under Article 226 of the Constitution of

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India, is filed seeking the following relief/s:

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“ … to issue a writ order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the 2^nd and part bill amount of Rs.40,08,715/-, for the execution of the work of the construction of Tribal Welfare Ashram School for Boys at Palakonda Village & Mandal of Srikakulam District, which was approved by the Respondent Nos.3 to 5, being illegal, arbitrary and violation of Article 14 and 19(1)(g) of the Constritution of India and consequently direct the Respondents to pay the 2^nd and part bill an amount of Rs.40,08,715/- along with 24% interest for the execution of the work of the construction of Tribal Welfare Ashram School for Boys at Palakonda Village & Mandal of Srikakulam District, which was approved by the Respondent Nos.3 to 5 and pass…”

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Heard Sri Madhava Rao Nalluri, learned counsel for the petitioner, learned Government Pleader for Tribal Welfare Department appearing for respondent Nos.1 to 6, 8 & 9 and Smt. T.Lakshmi Padmaja, learned Assistant Government

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RC,J WP_25476_2023

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Pleader for Finance & Planning Department appearing for respondent No.7.

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Learned Government Pleader for Tribal Welfare Department, on counter, submitted that, the authorities are ready and willing to pay the net amount to the petitioner and they are pursing the matter for releasing the amount. The learned Assistant Government Pleader for Finance sought three (03) months’ time for payment.

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To the said submission, learned counsel for the petitioner requested to record the averments in the counter as well as the submissions made by learned Assistant Government Pleader and prayed to dispose of the Writ Petition.

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Recording the averments in the counter and the submissions of the learned Assistant Government Pleader’s, as the authorities have an intention to release the amount so claimed by the petitioner in the present Writ Petition, there is no purpose in keeping the Writ Petition pending. As such, this Court is inclined to dispose of the Writ Petition, at the admission stage, with the consent of both the learned counsel by passing the following order:

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RC,J WP_25476_2023

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The concerned respondent-authority is here by directed to

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release the legally entitled amount to the petitioner within a period of three (03) months’ from the date of receipt of copy of this order.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, Miscellaneous Applications, if any, pending shall stand closed.

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_________________________________ JUSTICE RAVI CHEEMALAPATI

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20.10.2023 TJN/DSV

M/S. Bar Constructions v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/S. Bar Constructions 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

Case details

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