Disposed

Akula Lakshmanarao, v. The State of Andhra Pradesh

Andhra Pradesh HC13 Feb 2024WP/1346/2024

Case brief

AI extract

What is this about?

Contractors completed weed-removal works under irrigation department agreements; the State did not pay the final bill of Rs.7,24,671/- despite admission, citing lack of LoC. Following earlier orders of the Court, the writ petition was disposed of with a direction to release the amount with 6% per annum interest within six weeks.

What did the court decide?

Direction to release Rs.7,24,671/- with 6% p.a. interest within six weeks; liberty to seek higher interest elsewhere; no costs.

Akula Lakshmanarao, Vs The State of… — Contract and Commercial Disputes | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1346 OF 2024

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Between:

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Akula Lakshmanarao, S/o. Suryanarayana, Aged about 50 years, OccPresident WUA Devaguptam, R/o. D.No.2-5, D Ravulapalem, D Ravulapalem Mandal, East Godavari District, Andhra Pradesh.

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Alluri Lakshmipathi Raju, S/o. Alluri Venkataraju, Aged about 56 years, OccVice President W.U.A., Godilanka, Rio. D.No.1-19811, Main Road, Godilanka, Godilanka, East Godavari District, Andhra Pradesh.

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Akula Tatarao, S/o. Venkanna, Aged about 71 years, Occ- President WUA Tadicona, Rio. D.No.2-32, Near Lakshmi Ganapathi Temple, Paningapalli, Gangavaram Mandal, East Godavari District, Andhra Pradesh.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep by its Principle Secretary to Government Irrigation and CAD Water Resources Resources Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The State of Andhra Pradesh, rep. By its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

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The District Collector, (Irrigation Wing) Amalapuram, Dr. BR Ambedkar Konaseema District.

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The Engineer -in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, N.T.R District.

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The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada, N.T R District.

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The Superintending Engineer, Irrigation and Water Resources Department, Irrigation Circle, Dowlaiswaram, East Godavari District.

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The Executive Engineer, Water Resources Department, Godavari Central Division, Amalapuram, Dr. BR Ambedkar Konaseema District. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 7,24,671/-, 1) Rs. 28,901/vide its Agreement No. 133/ 2017-18 dated 13-08-2018 and Quality Control Certificate No. 22265, for which the name of work was Removal of Weed Growth in WUA Devaguptam Channel System 2) Rs. 99,015/- vide its Agreement No. 68/ 2018-19 dated 13-08-2018 and Quality Control Certificate Nos. 23348 and 58025, for which the name of work was Removal of Weed Growth in WUA Devaguptam Channel System3) Rs. 1,28,384/- vide its Agreement No. 65/ 2018-19 dated 1308-2018 and Quality Control Certificate Nos. 58021, for which the name of work was Removal of Weed Growth in Allavaram Channel from Km 3.00 to 6.300 in WUA Devaguptam 4) Rs. 1,09,404/-vide its Agreement No. 92/ 2018-19 dated 1308-2018 and Quality Control Certificate No. 58020, for which the name of work was Removal of Weed Growth in Allavaram Channel from K.M 0.000 to 2.975 in W.U.A. Godilanka 5) Rs. 1,08,824/- vide its Agreement No. 116/ 2018-19 dated 13-08-2018 and Quality Control Certificate No. 58026, for which the name of work was Removal of Weed Growth in WUA Godilanka Channel System 6) Rs. 2,50,143/- vide its Agreement No. 102 2018-19 dated 13- 08-2018 and Quality Control Certificate Nos. 24553 and 58019 for which the name of work was emoval of Weed Growth in WUA Tadicona Channel System, for which the total amount was Rs. 7,24,671/- with 12% interest per annum for execution of completion of QandM works under Irrigation Department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing.

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lA NO: 1 OF 2024

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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 releasing the Final Bill amount of Rs. 7,24,671/-, for the said agreements and M Books for execution of completion of QandM works under Irrigation Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition.

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Counsel for the Petitioners: SRI ANNAMNEEDI BALAKRISHNA

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Counsel for the Respondent Nos. 1 3 to 7: GP FOR IRRIGATION & COMMAND <>; AREA DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING The Court made the following: ORDER

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[3329]

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APHC010007412024

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1346/2024

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Between:

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Akula Lakshmanarao, and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.ANNAMNEEDI BALAKRISHNA

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Counsel for the Respondent(S):

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1.GP FOR IRRIGATION COMM AREA DEV

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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ORDER:

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The petitioners had been awarded the contract of work(s) under the subject scheme in East Godavari District.^{Afterexecution} of the said contract, a final bill was prepared for a sum of Rs.7,24,671/- as per the sanctioned orders. As the^paymentofthe

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said amount has not been made by the respondents, the petitioners have approached this Court by way of this writ petition.

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It is the contention of the petitioners that even though the respondents admitted that the petitioners are entitled for payment of the aforesaid sum of money, no payment is being made. The petitioners contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.

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This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such nonpayment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

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On the other hand, learned Government Pleader for Irrigation while admitting about the claim of the petitioner placed^on record instructions received from the Executive Engineer, Amalapuram, dated 12.02.2024. He would submit that due to lack of LoC bill was not processed. Soon after release of the LoC, bill will be processed. 5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioners, learned Government Pleader for Irrigation this Writ Petition is disposed of with a direction to the respondents to release

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/ f

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the amount of Rs.7,24,671/- to the petitioners, along with the interest @ 6% per annum, in view of the judgment of the Hon'ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of six (06)^weeksfromthe date of receipt of a copy of this order. It would also be open to the petitioners to agitate his claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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SD/- B. PRASADA RAO ASSISTANT REGISTRAR

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//TRUE COPY//

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To,

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The Principle Secretary to Government Irrigation^{andCADWaterResources} Resources Department, State of Andhra Pradesh, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District.

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The its Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur^District.

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The District Collector, (Irrigation Wing) Amalapuram, Dr. BR Ambedkar Konaseema District.

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The Engineer -in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, N.T.R^District.

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The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada, N.T.R. District.

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The Superintending Engineer, Irrigation and Water Resources Department, Irrigation Circle, Dowlaiswaram, East Godavari District.

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The Executive Engineer, Water Resources Department, Godavari Central Division, Amalapuram, Dr. BR Ambedkar Konaseema District.

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One CC to Sri Annamneedi Balakrishna, Advocate [OPUC]

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Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT]

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Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 11.Three C.D. Copies.

Cnr

MBT

HIGH COURT

DATED:14/02/2024

ORDER

WP.No.1346 of 2024

DISPOSING OF THE W.P WITHOUT COSTS

Akula Lakshmanarao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Akula Lakshmanarao, v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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