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Gundubogula Venkateswara Rao v. The Government of Andhra Pradesh

Andhra Pradesh HC3 Apr 2023WP/6627/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226 and Section 151 CPC, the High Court of Andhra Pradesh directed the respondents to pay the petitioner Rs. 5,00,000 for completed work within three months, holding non-payment arbitrary and illegal.

What did the court decide?

Directed the respondents to pay Rs. 5,00,000 to the petitioner within three months from the date of receipt of the order.

Gundubogula Venkateswara Rao Vs The… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY. THE THIRD DAY OF APRIL

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TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 6627 OF 2023

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Between:

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Gundubogula Venkateswara Rao, S/o. Nageswararao, Aged about 47 years, Occ: Contractor, R/o. 1-228, Ramalayam Street. Merlapalem (V), Atreyapuram (M), East Godavari District.

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...PETITIONER

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AND

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The Government of Andhra Pradesh, Rep. by its Principal Secretary, Ministry of Roads and Buildings Department, Secretariat Buildings, Velagapudi, Amaravati.

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2. The Engineer-In-Chief, (R&B) SH &Managing Director. APRDC. Government of Andhra Pradesh, Vijayawada, NTR District.

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The District Collector, West Godavari District, Eluru.

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The Superintendent Engineer, (R&B), Eluru Circle, Eluru.

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West^Godava^ri^^^'^^^^’ Department, (R&B) Division, Bhimavaram,

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The Government of Andhra Pradesh, Rep. by its Principal Secretary, Ministry of Finance &Planning Department, Secretariat Buildings, Velagapudi. Amaravati.

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...RESPONDENTS

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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, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the inaction on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs.5,00,000/- with interest to the petitioner till today even though total work was completed as illegal, arbitrary and violative of Articles. 14, 16 AND 21 of the Constitution of India and consequentially direct the respondents to release and pay the bill amount worth of Rs.5,00.000/- with interest to the petitioner forthwith.

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lA NO: 1 OF 2023

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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 release and pay the bill amount worth of Rs.5,00,000/- with interest to the petitioner forthwith, pending disposal of the above writ petition

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Counsel for the Petitioner: SRI. BOKKA SATYANARAYANA KAMLA

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Counsel for the Respondent No. 1 to 5: GP FOR ROADS BUILDINGS

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Counsel for the Respondent No. 6: GP FOR FINANCE & PLANNING

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The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.6627 of 2023

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*** '' ' • ' ' • ’ « • ' 'J I ■ I ' Il I I f I I I I ii ij I < ; ; I » '**

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ORDER:

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The present Writ Petition came to be filed under Article 226

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Qf the Constitution of India seeking the following relief:-

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"...to issu^ a Writ. Order or direction more particularly one in the nature qf Writ qfMandamus to declare the inaction on the pari of the respondents herein, not releasing and pay the bill amounts worth of Rs.S.OOiOOO/- with interest to the petitioner till today even though total work was completed as illegal, arbitrary and violative, ofArticles 14. 16 21 of the Constitution qf India- and cqnsequentially direct the respondents to release and pay the bill amount worth qf Rs.5.00.000/ with interest to the petitioner forthwith and to pass such other order or orders

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled fpr payment of the aforesaid amount, no payment is made. The petitipner contend 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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Learned Government Pleader for Roads Ss Buildings, on instructions submitted that petitioners are entitled for a bill amount of Rs.5,do,000/-.

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.-.2 .

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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 both sides, this Writ Petition is disposed of directing the respondents to release total amount of Rs.5,00,000/- to the petitioner within a period of three (3) months 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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Accordingly, this Writ Pe Li Lion is disposed of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ

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Petition shall stand closed.

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To,

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//TRUE COPY//

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Sd/- P.U.V.BHASKAR ASSISTAN^EGISJEiAR sectiSmofficer

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S“• APW>C.* Government 3. The District Collector, West Godavari District, Eluru. 4. The Superintendent Engineer, (R&B), Eluru Circle, Eluru 5. wirDepartment, (RS.B) Division, Bhimavaram,

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J^rincipal Secretary, Ministry of Finance &Plannina DeoArtm^^nt

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AmaravatT”* Pradesh, Secretariat Buildings^ Velagapudi,'

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One CC to Sri. Bokka Satyanarayana Kamla Advocate [OPUC]

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Two CCS to GP for Roads &Buildings, High Court of Andhra Pradesh [OUT]

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%.Tw§ Sd cop?es of Andhra Pradesh [OUT]

CSB gi

■A

HIGH COURT

DATED: 03/04/2023

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ORDER

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WP.No.6627 of 2023

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TC
■> 0 6 SEP 2^
c-
Current Section

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DISPOSING THE WP WITHOUT COSTS

Gundubogula Venkateswara Rao v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Gundubogula Venkateswara Rao v. The Government 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

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