Writ petitioner seeking writ of mandamus and interim payment for balance construction bill. Court noted no dispute on quantum; delay due to budget non-availability. Directed payment within two months and disposed of petition.
Complete payment of Rs. 4,44,982/- within two months after statutory deductions.
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IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction)
$ % .1
FRIDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 7370 OF 2023
Between:
K. Rama Chandra Reddy, S/o. Vengala Reddy Age 56 years, Occ. ContractorRio. Plot No. 405, Murali Krishna Enclave, 4th Line, Harinathapuram, Nellore,SPSR Nellore 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, Order or Direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in not releasing payment for the bill to the petitioner for the work executed by him namely Construction of CC Drains from Pinjala Veeraiah House to Venkataswara Swamy Temple, from Pial to Chavidi, from RVM High School to Towards Gudur Road, from Lokanadham House to Todeti Sudhakar House, from Kampala Chemadaiah House to Vinayaka Swamy Temple, from A.Subrahmanyam House to S.Mallikarjuna House, from Madiri Subramanyam House to Sajja Ramesh House in Bangarupeta in 2nd Ward under agreement No. 37/2021-22 for an amount of Rs. 4,44,982/-, as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice.
IA NO: I OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the bill of the petitioner for the work executed by him namely Construction of CC Drains from Pinjala Veeraiah House to Venkataswara Swamy Temple, from Pial to Chavidi, from RVM High School to Towards Gudur Road from Lokanad ham House to Todeti Sudhakar House, from Kompala Chemadaiah House to Vinayaka Swamy Temple, from A.Subrahmanyam.. House to S.Mallikarjuna House, from Madiri Subramanyam House to Sajja Ramesh House in Bangarupeta in 2nd Ward under agreement No. 37/2021-22 for an amount of Rs. 4,44,982/-, pending disposal of the Writ Petition.
Counsel for the Petitioner :SRI= KAMBHAMPATI RAMESH BABU
Counsel for the Respondent No. I&3: GP FOR MUNCIPAL ADMN URBAN DEV
Counsel for the Respondent No. 2: GP FOR FINANCE
Counsel for the Respondent No. 4: SRi N. RANGA REDDY,
SC FOR MUNCIPAL ADMN URBAN DEV
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION No.7370 of 2023
K. Rama Chandra Reddy, S / o. Vengala Reddy, age 56 years, Occ: contractor R/ o. Plot No.405, Murali Krishna Enclave, 4th line, Harinathapuram, Nellore, SPSR Nellore District.
.... Petitioner
Versus
The State of Andhra Pradesh, • rep by its Principal Secretary, Municipal Administration Department, A.P. Secretariat Building, Velagapudi, Amaravati, and 3 others.
.... Respondents
ORDER:
Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos.3 and 4 and the learned Assistant Government Pleader for Finance for the
2nd respondent.
\
2
S. In view of the above said facts and circumstances, there is no disp.~te pwith regard to the quantum of amount payable to
3
I- -
' ' • the petitioner as claimed in this writ pe tition for the above said works done. The delay in non-payment of bill amount ~s . for the above said reason as contended b y the 4 counsel in his counter affidavit.
k As a sequel, * Miscellaneous Petitionspending, if any, shall stand closed.
SD/- S.SRINIVASA PRASAD ASSISTANTREGISTRAR
//TRUE COPY//
;AstAM KRK AG
HIGH COURT
DATED:16/06/2023
ORDER
WPNo.7370 of 2023
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* Current Sejtion ~i
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DISPOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the High Court should issue a writ directing payment of the balance project bill.
K. Rama Chandra Reddy
State of Andhra Pradesh
The Venkatagiri Municipality
B Krishna Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
