Allowed

Lotus Constructions v. the State of Ap

Andhra Pradesh HC13 Oct 2024WP/15072/2024

Case brief

AI extract

What is this about?

A contractor sought mandamus for release of admitted dues of Rs.71,52,433/- for completed canal repair works in Nellore district. The Government Pleader admitted the claim but cited non-allotment of LOC. The Court allowed the writ petition directing payment with interest within two months.

What did the court decide?

Direction to respondents to release Rs.71,52,433/- with interest per Writ Appeal No.724 of 2021 within two months.

Lotus Constructions Vs the State of Ap — Contract and Commercial Disputes | Andhra Pradesh HC (2024)

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[3311]

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APHC010298882024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY ,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 15072/2024

Between:

Lotus Constructions

...PETITIONER

AND

The State Of AP and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.SIVAPRASAD REDDY VENATI

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Counsel for the Respondent(S):

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1.GP FOR IRRI AND CAD

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2.GP FOR FINANCE PLANNING

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BSB,J W.P.No.15072 of 2024

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The Court made the following ORDER:

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This writ petition is filed 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 non-payment an amount of Rs.71,52,433/- in total due for the last two years even after finalizing the bills payable to the petitioner after the successful completion of the execution of works i. e., “1. Package no.6 Repairs to Ambapuram Branch Canal System in Nellore Rural Mandal of SPSR Nellore District vide Agreement No.35 SE/202324 dated 06.10.2023. 2. Conducting repairs to existing slabs culvert across Konagaluru Channel in SPSR Nellore District vide Agreement No. 15 O&M/2023-24 dated.22.11.2023 duly approved by the respondents as illegal arbitrary unjust unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs.71,52,433/- towards the works executed by the petitioner along with 12% interest per annum and pass....”

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, no payment is 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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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, WRD, Nellore Central Division, Nellore vide Lr.No.AB/A1/NC Court case, dated 16.08.2024. He submitted that the LOC is not allotted to the above said works, and that soon after the release of

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BSB,J W.P.No.15072 of 2024

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the LOC, the above bill will be submitted for payment and prayed to pass an appropriate orders.

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In view of the submissions of the learned counsel for the petitioner and the learned Government Pleader for Irrigation, this Writ Petition is allowed with a direction to the respondents to release the amount of Rs.71,52,433/- to the petitioner, along with the interest as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within a period of two (02) months from the date of receipt of a copy of this order.

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It is open to the petitioner to agitate the claim for higher rate of interest, if any, payable by the respondents, before 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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Date: 14.10.2024 klk

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___________________ ___ JUSTICE B.S. BHANUMATHI

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BSB,J W.P.No.15072 of 2024

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124

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO:15072 of 2024

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Date: 14.10.2024 klk

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HIGH COURT OF ANDHRA PRADESH

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BSB,J W.P.No.15072 of 2024

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MAIN CASE NO : W.P.No.18531 of 2024

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PROCEEDING SHEET

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Sl. No.	Date	ORDER
02.	23.09.2024	BSB, J
		The Writ Petition is allowed. (vide separate order)
		_________________ B.S.BHANUMATHI,J DSV

Lotus Constructions v. the State of Ap

Case brief

What is this about?

What did the court decide?

Lotus Constructions v. the State of Ap

Case brief

What is this about?

What did the court decide?

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