Disposed

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

Andhra Pradesh HC4 Apr 2023WP/7591/2023

Case brief

AI extract

What is this about?

Single Judge disposed of a writ petition seeking release of delayed payments for road construction works. The Court directed the government to release the admitted dues within three months, leaving the claim for interest to a separate forum.

What did the court decide?

Directed respondents to release Rs. 2,31,67,148/- and Rs. 2,08,28,800/- within three months.

M/S. Viswateja Constructions Vs the… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAvO^'IM

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(Special Original Jurisdiction)

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TUESDAY, THE FOURTH DAY OF APRIL 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: 7591 OF 2023

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Between:

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1. M/s. Viswateja Constructions, D.No. 81-21-12, Venkateswara Nagar, Raj amahendravaram. East Godavari District. Rep.by its Managing Partner Medapati Venkata Satyanarayana Reddy.

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Medapati Venkata Satyanarayana Reddy, S/o. Sattireddy, Aged 55 years, Occ. Contractor, R/o. D.No. 2-82, Ubalanka Village, Ravulapalem Mandal, Dr. B.R. Ambedkar Konaseema District.

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...PETITIONER(S)

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AND

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1. The State of Andhra Pradesh, Rep. by its Principal Secretary Roads and Buildings(Rand B) Department Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.

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State of Andhra Pradesh, Rep. by its Principal Secretary Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.

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The Chief Engineer (R and B), Major District Roads (MDRs), New R and B Building, Sth Floor, M.G.Road, Opp. Indira Gandhi Municipal Stadium, Vijayawada.

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. The Superintending Engineer, R and B Circle, Kakinada, East Godavari District.

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The Executive Engineer, R and B Division, Rajamahendravaram, East Godavari District.

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The Director of works and Account Officer, Anjaneya Towers, Ibrahimpatnam, Krishna District.

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The Pay and Accounts Officer, Works and Accounts Department, Rajamahendravaram, East Godavari District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in

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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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the

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•. works i.e., Winning and Strengthening of Rajahmundry - Chinakondepudi Road from 4/800 to 23/000 in East Godavari District through the Agreement'CR No; 116/2020-21 dated 22-03-2021 for Netamounts of Rs. 2,31,67,148/- and Rs. 2,08,28,800/- as illegal,arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent

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•)

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/ authorities to release Rs. 2,31,67,148/- and Rs. 2,08,28,800/- for the*' pending final bills forthwith for the above said works executed by the petitioner.

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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 petition, the High Court may be pleased to direct respondents to consider for payment of amount of Rs. 2,31,67,148/- and Rs. 2,08,28,800/- for the pending final bills for the works executed by the petitioners i.e.,Widening and Strengthening of Rajahmundry - Chinakondepudi Road from Km 4/800 to 23/000 in East Godavari District with an estimated cost of Rs. 51,40,01,615/- through the Agreement CR No. 116/2020-21 dated 22-03-2021 for Net amounts of Rs. 2,31,67,148/- and Rs. 2,08,28,800/- forthwith, pending disposal of the main Writ Petition.

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Counsel for the Petitioner: SRI. RAMBABU KOPPINEEDI

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Counsel for the Respondents 1,3,4&5: GP FOR ROADS & BUILDINGS

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Counsel for the Respondents 2,6&7: GP FOR FINANCE & PLANNING

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The Court made the following: ORDER

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■ V

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THE HON’BLE SMT JUSTICE V. SUJATHA

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Writ Petition No.7591 of 2023

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ORDER:

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The present writ petition came to be filed under Article 226

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of the Constitution of India seeking the following relief:

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“....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 the payments for the works i.e. widening and strengthening of Rajahmundry - Chinakondepudi Road from Km 4/800 to 23/000 in East Godavari District through the Agreement CR.No. 116/2020-21. dated 22.03.2021 for net amounts of Rs.2,31,67,148/- and Rs.2,08,28,800/- as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities to release Rs.2,31,67,148/- and Rs.2,08,28,800/ - for the pending final bills forthwith for the above said works executed by the petitioner.. ”

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid amounts, no payment is made. The petitioner 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 amounts with interest to the petitioner.

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/ ■ /

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‘ Learned Government Pleader for Roads & Buildings, on instructions, submitted that petitioners are entitled for a bill amounts of Rs.2,31,67,148/- and Rs.2,08,28,800/;.

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This Court, in various orders, including the common order dated 05.10.2021 in W.P.No.l0038 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 two amounts of Rs.2,31,67,148/- and Rs.2,08,28,800/- 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 Petition is disposed of. There shall be

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no order as to costs.

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Miscellaneous petitions, pending, if any, in this Writ Petition

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shall stand closed.

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Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary Roads and Buildings(R&B) Department. State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.

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2. Principal Secretary Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.

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/fr /

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The Chief Engineer (R & B), Major District Roads» (MDRs), New& p Building, Sth Floor, M.G.Road, Opp. Indira Gandhi Municipal Stadium,

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4 The^Superintending Engineer, R & B Circle, Kakinada, East Godavari District. 5. The Executive Engineer, R & B Division, Rajamahendravaram, East Godavari

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ThTDirector of works and Account Officer, Anjaneya Towers, Ibrahimpatnam,

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Krishna District. . * *

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1. The Pay and Accounts Officer, Works and Accounts Department, Rajamahendravaram, East Godavari District.

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1. One CC to Sri. Rambabu Koppineedi Advocate [OPUC] . 9. Two CCS to GP for Roads & Buildings, High Court of Andhra PradesiT [OUT]

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*’> WWo>CCs to GP for Finance & Planning, High Court of Andhra Pradesh.

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.
11>Two CD Gctpies
1- Sdkr A ,
4’^

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«.-x

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jjh5H COURT ' . s ’ ’ ■ !•

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DATED :04/04/2023

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ORDER

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WP.No.7591 of 2023

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DISPOSING OF THE WP WITHOUT COSTS

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

Case brief

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

Case brief

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