Contractor's writ petition for release of an admitted final bill amount of Rs.30,84,339/- under a housing works contract. Court directed respondents to pay the amount with 6% interest within three months, leaving higher interest claims to another forum.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
Jh
ilS ;• i
i/
i'fi-
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 13654 OF 2024
Between:
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 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.30,84,339/- Agreement No.191/2023-24, dated 17.06.2023 and M.Book No. 391B/2022-23 with interest of execution of completion work of Providing Site Levelling in Vallurupalem Village Reach-ll for Jagananna Housing Colony, Layout ID.No.06195LA108931 in Thotlavalluru Mandal, Krishna District to the petitioner till today and causing heavylosswithinteresteven 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 the final bill of total amount worth of Rs.30,84,339/- for execution of completion of works as per agreement to the petitioner forthwith.
lA NO: 1 OF 2024
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 releasing the final bill of total amount worth of Rs.30,84,339/for execution of completion of works as per agreement to the petitioner forthwith, pending disposal of the above writ petition. ^
Counsel for the Petitioner: SRI PAMARTHI KAMESWARA RAO Counsel for the Respondent No.1: GP FOR HOUSING
Counsel for the Respondent Nos.2 to 4: SRI E.VJAGANNADHA RAO, SC
FOR A.P. STATE HOUSING CORPORATION LTD Counsel for the Respondent Nos.5 to 7: GP FOR PANCHAYAT RAJ &
RURAL DEVELOPMENT
Counsel for the Respondent No.8: GP FOR FINANCE AND PLANNING The Court made the following: ORDER
APHC010273042024
•I
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3329]
(Special Original Jurisdiction)
TUESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 13654/2024
Between:
Kilarapu Srinivasa Rao
...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.PAMARTHI KAMESWARA RAO
Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV
2.E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOPLTD) 3.GP FOR HOUSING
4.GP FOR FINANCE PLANNING
The Court made the following:
ORDER:
District. 1. The petitioner had been awarded works contract in Krishna After execution of the said contract, a final bill was prepared for a sum of Rs.30,84,339/- as per the sanctioned orders. As thepaymentofthesaid
amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.
learned Standing Counsel for the A.P. State 4. On the other hand Housing Corporation Limited (APSHCL) while admittingabouttheclaimofthe petitioner placed on record instructions received fromtheManagingDirector, APSHCL, Vijayawada, dated 14.08.2024. He would submitthat,sincethe not released by the Government, the bills were notpaidtothe budget was after release of the budget by the Government, thebillswill petitioner. Soon be paid to the petitioner.
'Jf
petitioner along with the interest @ 6% per annum, in view of the judgment of the Hon’ble Division Bench of this Court in Writ AppealNo.724of2021 and batch dated 12.10.2023, within a period of three months from the date of receipt of a copy of this order. It would also be open to the petitioner 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.
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
Sd/- SHAIK MOHD. RAFI //TRUE COPY// ASSISTANT^REGISJRAR
SEC OFFICER
To,
[OUT]
%
- Two CCs to GP for Finance and Planning, High CourtofAndhra Pradesh. [OUT]
- Three CD Copies.
ssb
HIGH COURT
DATED:24/09/2024
ORDER
WP.No.13654 of 2024
DISPOSING OF THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether the respondents could withhold payment of the admitted final bill amount of Rs.30,84,339/- for completed housing works.
2 provisions across 2 enactments
Kilarapu Srinivasa Rao
The State of Andhra Pradesh, Rep. by its Principal Secretary, Housing Department
The A.P. State Housing Corporation Ltd, Rep. by its Managing Director
The Project Director, A.P. State Housing Corporation Ltd, Krishna District at Machilipatnam
The District Head-Housing, Krishna District at Machilipatnam
The District Collector (PR) Wing, Krishna District at Machilipatnam
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
