Dismissed

M/S Lakshmi Deepak Constructions v. the State of Andhra Pradesh

Andhra Pradesh HC4 Apr 2023WP/7587/2022

Case brief

AI extract

What is this about?

This writ petition sought mandamus to direct respondents to record measurements and process bills for civil contracts at Primary Health Centres. The court directed payment of admitted amounts pending finance approval and allowed appeal for balance.

What did the court decide?

Directed respondents to pay admitted amounts of Rs.5.57 Lakhs and Rs.5.29 Lakhs after finance approval within 8 weeks.

M/S Lakshmi Deepak Constructions Vs… — Contract and Commercial Disputes | Andhra Pradesh HC (2023)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.7587 of 2022

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ORDER :

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This present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

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“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the inaction of the respondents in recording the measurements in M-Book in respect of the works of i) Strengthening of Primary Health Centre at Gudur Village, C.Belegal Mandal and ii) Strengthening of Primary Health Centre at Polakal Village, C.Belegal Mandal executed by the petitioner as arbitrary, illegal and in violation of Articles 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents to record the measurements in M-Book and process the bills for balance amount.…”

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Brief facts of the case are that, the petitioner is a partnership firm and a IIIrd class contractor engaged in doing civil contracts like laying roads, construction of buildings. In pursuance of the tenders called by the respondents, the petitioner entered into agreements vide Agreement Nos.27/2020-21 and 209/2020-21 respectively on 27.10.2020 for the works i.e. i) Strengthening of Primary Health Centre at Gudur Village, C.Belegal Mandal and ii) Strengthening of Primary Health Centre at Polakal Village, C.Belegal Mandal.

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Learned counsel for the petitioner submitted that the respondents entered the measurements to the extent of 30% of the work and also

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processed the bills and paid the same. But, however, the petitioner gathered information from PIO that the petitioner has completed 100% of work in Primary Health Centre at Gudur by 05.08.2021 and completed 88% of work in Primary Health Centre at Polakal.

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Learned counsel for the petitioner also contended that the petitioner has issued a legal notice dated 13.01.2022 calling upon the respondents to check the work done and record the measurements in M-Book and release the payment. For which, the 4^th respondent issued a reply notice dated 28.01.2022 with all false allegations and did not release the payments so far. Hence, this writ petition.

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The respondent No.4 have filed a counter stating that after several reminders in the month of January, the contractor have turned up and started the work in the Primary Health Centre, Gudur and executed the work to an amount of Rs.9,48,335/- and the part bill was raised for an amount of Rs.3,91,000/-. In Polakal Primary Health Centre, work is executed to an amount of Rs.10,37,758/- and a part bill was submitted for Rs.5,08,000/- in the month of April, 2021. Later on, the contractor was not available and not responded through phone.

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The respondent No.4 further stated that the measurements entered in the M-Book upto the extent of work done by the Contractor is 45% in Gudur Primary Health Centre and 43% in Polakal Primary Health Centre. Thereafter, the 4^th respondent had issued 3 notices to the petitioner requesting him to complete the balance work in both the Primary Health

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Centres, Gudur & Polakal and the 4^th respondent vide proceeding NO.W.F/PHC/GUDUR/2021-22, dated 20.04.2021 has informed the petitioner that the contract is being withdrawn under the Clause 60(C) of PS to APSS and entrusted to another agency.

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The respondent No.4 further submitted that two bills were paid to the original contractor to an extent of Rs.3.91 Lakhs in respect of Gudur Primary Health Centre and Rs.5.08 Lakhs in respect of Polakal Primary Health Centre on 22.12.2021 and the balance items was not paid to the petitioner and bill amount of Rs.5.57 Lakhs in respect of Gudur Primary Health Centre and Rs.5.29 Lakhs in respect of Polakal Primary Health Centre will be paid after approval by the Finance Department. The petitioner raised dispute regarding the completion of work done by him and thereafter the contract was also withdrawn.

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The said things were seriously objected by the learned counsel for the petitioner stating that under the Right to Information Act, 2005, the petitioner obtained information with regard to the completion of work in Gudur as well as Polakal which is as follows:

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S. No.	Name of PHC	Name of work	Tender Notice No. & Date	Estimate Amount (Rs. in Lakhs)	Date of Agreement	Extens on of Time	i Name of the Contractor	Physical Stage of work in Percentage (%)	Value o work done (Rs.in Lakhs)	f Bills Uploaded (Rs.in Lakhs)	Expdr. Incurred (Rs. in Lakhs)	Remarks
7.	Gudur	Strengthe ning of Primary Health Centre	NIT No.39/ 2020-21	35.15	27.10.20 20 & 26.04.20 21	-	M/s. Lakshmi Deepak Constns, Jullekal(V)	100	22.21	3.91	-	Work completed and handed over to Medical Dept.
8.	Polakal	Strengthe ning of Primary Health Centre	NIT No.40/ 2020-21	38.42	27.10.20 20 & 26.04.20 21	-	M/s. Lakshmi Deepak Constns, Jullekal (V)	88	21.00	5.08	-	Compound wall & CC road completed. Painting and Water supply & Sanitary works are in progress. Part of the work is entrusted to the contractor under 60(c) of PS to APSS

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Thereafter, the petitioner also appeared before the respondents on 20.03.2022 for amicable settlement. But, however, as the petitioner was not satisfied with the condition of the respondents, he requested this Court to pass appropriate orders on merits.

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In view of the same, this Court is of the opinion to dispose of the writ petition by directing the respondents to pay the amount as admitted by the 4^th respondent in his counter to a tune of Rs.5.57 Lakhs in respect of Gudur Primary Health Centre and Rs.5.29 Lakhs in respect of Polakal Primary Health Centre duly after obtaining the approval from the Finance Department. The said process shall be completed within a period of eight (8) weeks from the date of receipt of the order. However, the petitioner is at liberty to agitate in the appropriate forum for the balance amount payable to him.

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Accordingly, this writ petition is disposed of. There shall be no order as to costs.

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As a sequel, miscellaneous applications, pending if any, shall stand closed.

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______________________ JUSTICE V.SUJATHA

Date: 04.04.2023

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168

HONOURABLE SMT. JUSTICE V.SUJATHA

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(Disposed of)

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WRIT PETITION No.7587 of 2022

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Date: 04.04.2023

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M/S Lakshmi Deepak Constructions v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/S Lakshmi Deepak Constructions v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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