Special Original Jurisdiction order where the High Court directed respondents to release Rs.46,89,100/- to the petitioner within a day, with a separate forum for interest claims, disposing of WP No. 4088 of 2023.
Direct the respondents to release Rs.46,89,100/- to the petitioner within one day of receipt of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATf?^’^
(Special Original Jurisdiction) v. TUESDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON’BLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 4088 OF 2023
Between: Bhagam Constructions Private Limited, Rep. by its Director D.Durga Devi. W/o.Nageswara Prasad, Aged 68 years, Occ: Contractor, R/o.D.No.5414-19-5, 4“' Cross Road, Bharathi Nagar, Vijayawada, Krishna District.
...PETITIONER
AND
...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of amount of Rs.46,89,100/- (CFMS No.202- 2373831) even after finalizing the bills payable to the petitioner in relation to the works i.e.. Urgent Repairs to Challapalli Nadakuduru Road from KM.1.00 to 5.20 in Krishna District vide agreement CR No.55/2022-23 dt.23.08.2022, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.46,89,100/(CFMS No.2022-2373831) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider for payment of Rs.46.89,100/- (QFMS No.2022-2373831) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of work i.e "Urgent Repairs to Challapalli Nadakuduru Road from KM.1.00 to 5.20 in Krishna District" vide agreement CR No.55/2022-23 dt.23.08.2022, forthwith, pending disposal of the Writ Petition.
Counsel for the Petitioner : SRI. SURESH KUMAR REPDY KALAVA Counsel for the Respondent Nos. 1 to 4 : GP FOR ROADS & BUILDINGS Couneei for the Respondent No. 5 : GP FOR FINANCE & PLANNING The Court made the following: ORDER
1
HONOURABLE SMT. JUSTICE V. SUJATHA
WRIT PETITION No.4088 of 2023
ORDER;
The present writ petition came to be filed under Article 226
of the Constitution of India seeking the following relief:
“...to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of amount of Rs.46,89, lOO/- (CFMS No.2022-2373831) even after finalizing the bills payable to the petitioner in relation to the works i.e., “Urgent Repairs to Challapalli Nadakuduru Road from KM. 1.00 to S.2O in Krishna District vide agreement CR No.SS/2022-23, dt.23.08.2022, is questioned as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.46,89,lOO/- (CFMS No.20222373831) with interest @fi4percent per annum for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith and pass such...”
2
J
3. H^ard both the learned -counsel and perused the material placed on record.
5. In view of the common order passed by this Court and after hearing the submissions of the learned counsel for the petitioner, learned Government Pleader for Roads 86 Buildings and learned counsel appearing for the respondents, this Writ Petition is disposed of directing the respondents to release the amount of Rs.46,89,100/.- to the petitioner within a period of ® receipt of a copy of this order. It • >3^ petitioner to agitate his claim for interest, if any -.payable 3y=^tHe resp^ohdents, in an appropriate forum. There shall be,nor. ord^.r^s. tp costs.
As a sequel thereto, miscellaneous petitions, if any, shall stand closed.
S/d- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY//
To,
7^ SECTION OFFICER
Pmdesh"°Se?aria?S^^ ? Buildings Department. State of Andhra
i lOUT,. B: tJ!S co Coptes Planning, High Court of Andhra Pradesh ' [OUT] PV
Sdkr
HIGH COURT
DATED:07/03/2023
ORDER
WP.No.4088 of 2023
X 2 2 AUG
Current Section
DISPOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the respondents are directed to pay the withheld amount of Rs.46,89,100/- with interest for delay.
1 provisions across 1 enactments
Bhagam Constructions Private Limited Rep. by its Director D.Durga Devi
The State of Andhra Pradesh Rep. by Principal Secretary, Roads & Buildings Department
The Chief Engineer, Roads & Buildings, Vijayawada
The Superintending Engineer, (R & B) Circle, Vijayawada-10
The Executive Engineer, (R & B) Machilipatnam, Krishna District
The State of Andhra Pradesh Rep. by Principal Secretary, Department of Finance & Planning
V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
