Allowed

Kilrapu Srinivasa Rao v. the State of Ap

Andhra Pradesh HC23 Sept 2024WP/13655/2024

Case brief

AI extract

What is this about?

Petitioner challenged non-payment of final bill for work under an agreement. Court noted admission of debt and previous precedents on arbitrary non-payment. Directed immediate release of amount with interest within three months.

What did the court decide?

Directing the respondents to release the final bill amount of Rs.28,52,941/- along with interest at 6% per annum within three months.

Kilrapu Srinivasa Rao Vs the State of Ap — Service and Employment | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER/^ TWO THOUSAND AND TWENTY FOUR

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k( ihJS

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGA WRIT PETITION NO: 13655 OF 2024

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Between;

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Kilrapu Srinivasa Rao, S/o. Reddymma, Age about 49 years, OccContractor, R/o. D.No. 31-77, Pamarru, Pamarru Mandal N.T.R. District, previously Krishna District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Housing Department Secretariat, Velagapudi, Amaravati, Guntur District.

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The A.P. State Housing Corporation Ltd, Nirman Bhavan, Auto Nagar, Vijayawada, N.T.R. District. Rep. by its Managing Director.

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The Project Director, A.P. State Housing Corporation Ltd, Krishna District at Machilipatnam.

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The District Head-Housing, Krishna District At Machilipatnam.

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The District Collector, ( PR) Wing, Krishna District At Machilipatnam

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The Superintending Engineer, Panchayat Raj Circle, Krishna District at Machilipatnam

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The Executive Engineer, Panchayat Raj Division, Krishna District at Machilipatnam.

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The State of Andhra Pradesh, rep. by its Principal Secretary, Finance department. Secretariat buildings, Velagapudi, Guntur^District. Amaravati.

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...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

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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.28,52,941/- Agreement No. 190/2023-24, dated 17.06.2023 and M.Book No. 392B/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 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 the final bill of total amount worth of Rs.28,52,941/- for execution of completion^ofworks as per agreement to the petitioner forthwith.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated i rn 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.28,52,941/-for execution of completion of works as per agreement to the petitioner forthwith, pending disposal of the above writ petition.

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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.V.JAGANNADHA RAO, SC

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FOR APSHCL

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Counsel for the Respondent Nos.5 to 7: GP FOR PANCHAYAT RAJ &

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RURAL DEVELOPMENT Counsel for the Respondent No.8: GP FOR FINANCE AND PLANNING The Court made the following: ORDER

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<■

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APHC010273112024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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TUESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER 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: 13655/2024

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Between;

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Kilrapu Srinivasa Rao

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...PETITIONER

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AND

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...RESPONDENT(S) The State Of Ap and Others

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Counsel for the Petitioner;

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1.PAMARTHI KAMESWARA RAO

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Counsel for the Respondent(S);

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1.GP FOR PANCHAYAT RAJ RURAL DEV

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E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP^LTD)

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3.GP FOR HOUSING

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4.GP FOR FINANCE PLANNING

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The Court made the following;

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ORDER;

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District. 1. The petitioner had been awarded works contract in Krishna After execution of the said contract, a final bill^{waspreparedforasumof} Rs.28,52,941/- as per the sanctioned orders. As the^{paymentofthesaid}

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amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner 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 non-payment 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 Standing Counsel for the A.P. State Housing Corporation Limited (APSHCL) while admitting about the claim of the petitioner placed on record instructions received from the Managing Director, APSHCL, Vijayawada, dated 14.08.2024. He would submit that since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner.

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In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner and learned Standing Counsel for the APSHCL, this Writ Petition is disposed of with a direction to the Respondents to release the amount of Rs.28,52,941/- to the

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IP'

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petitioner along with the interest @ 6% per annum,^{inviewofthejudgmentof} the Hon’ble Division Bench of this Court in Writ Appeal^{No.724of2021and} 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^{tothepetitionertoagitate} his claim for higher rate of interest, if any payable^{bytheRespondents,inan} 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/- N. NAGAMMA ASSISTANT. REGISTRAR

//TRUE COPY//

SEC4HON OFFICER

To,

The Principal Secretary, Housing Department, Secretariat,^Velagapudi Amaravati, Guntur District.

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A.P. State Housing Corporation Ltd, Nirman

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1. The Managing Director Bhavan, Auto Nagar, Vijayawada, N.T.R. District.

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The Project Director, A.P. State Housing Corporation^Ltd,Krishna District at Machilipatnam.

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The District Head-Housing, Krishna District At Machilipatnam.

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The District Collector, ( PR) Wing, Krishna District At^{Machilipatnam}

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District at

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1. The Superintending Engineer, Panchayat Raj Circle, Krishna Machilipatnam

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District at

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1. The Executive Engineer, Panchayat Raj Division, Krishna Machilipatnam.

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The Principal Secretary, Finance department, State^{ofAndhraPradesh,} Secretariat buildings, Velagapudi, Guntur District.^Amaravati.

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One CC to Sri Pamarthi Kameswara Rao, Advocate [OPUC]

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One CC to Sri E.V. Jagannadha Rao, SC for A.P. State^Housing Corporation Ltd.[OPUC]

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Two CCs to GP for Housing, High Court of Andhra Pradesh.

[OUT]

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Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT]

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Two CCs to GP for Finance and Planning, High Court^ofAndhra Pradesh. [OUT]

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Three CD Copies. ssb

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HIGH COURT

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DATED:24/09/2024

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ORDER WP.No.13655 of 2024

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r'.
X 17 OCT 202‘| CO,,
^ . Current Section

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DISPOSING OF THE W.P. WITHOUT COSTS

Kilrapu Srinivasa Rao v. the State of Ap

Case brief

What is this about?

What did the court decide?

Kilrapu Srinivasa Rao v. the State of Ap

Case brief

What is this about?

What did the court decide?

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