Allowed

M/s.Koushik Group v. the State of Ap

Andhra Pradesh HC19 Nov 2024WP/1702/2023

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh issued a writ of Mandamus directing the State of AP and related authorities to pay the petitioner firm Rs.4,39,09,688/- with interest at 6% per annum within three months for the execution of government advertising works.

What did the court decide?

Direction to respondents to release amount of Rs.4,39,09,688/- with interest at 6% p.a. within 3 months.

M/s.Koushik Group Vs the State… — Constitutional and Fundamental Rights | 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 TWENTIETH DAY OF NOVEMBER ■y
TWO THOUSAND AND TWENTY FOUR J 7i
O,
PRESENT >« V
I'Jj
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1702 OF 2023

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Between:

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M/s.Koushik Group, rep., by its Managing Partner, Gaja Nagaraju, S/o.G.Subbanna, Aged about 52 years. Office Address.^{DoorNo.3-6-200/401,} Flat No.401, Behind Minerva Hotel, Arunodaya Apartments, Himayathnagar, Hyderabad.

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...PETITIONER

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AND

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The State of AP, Rep., by its Principal Secretary,^{FinanceandPlanning} Department, Secretariat Buildings, Velagapudi, Amaravathi,^Guntur District.

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The Commissioner, Information and Public Relations Department, NTR Administrative Block, 2^^ floor. Pandit Nehru Bus Station, Vijayawada.

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The Director, Department of Social Welfare, Government^ofAndhra Pradesh,T.G.Plaza, Tadepalli (V & M), Guntur District.

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The Vice Chairman and Managing Director, A.P.State^Minorities Finance Corporation Limited, Vijayawada.

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The Director, Planning Department, Government of Andhra^Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur^District.

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The Managing Director, A.P. State Housing Corporation^Ltd.,SPRiver View Apartments, Tadepalli, Guntur.

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The commissioner. Minorities Welfare Department, Government^of Andhra Pradesh, Tadepalli.

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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

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be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in paying an amount of Rs.4,39,09,688/- for advertising the various Government Schemes in the Bus Branding, CCTV, Digital Wall Painting, where the work was assigned through work orders in Lr.No.008877/Advt.l1/2019/21, dated 09-01-2019, LR.No.004154/Advt.l1/2018/12, dated 31-07-2018, LR.No.K1/3011/20 17-7, dated 15-03-2018, Lr.No.2247/AP SMFC/ADMN/AS/2019,^{dated01-03-2019} and Lr.No.000345/Advt.11/2019/03, dated 17-01-2019 as illegal, arbitrary and quite contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay an amount of Rs.4,39,09,688/- in^{connectionwithwork} orders in Lr. No. 008877/Ad vt. 11/2019/21 dated 09-01-2019, LR.No.004154/Advt.l1/2018/12, dated 31-07-2018, LR.No .K1/3011/2017-7, dated 15-03-2018, Lr.No.2247/APSMFC/ADMN/AS/2019, dated^01-03-2019 and Lr.No.000345/Advt11/2019/03, dated 17-01-2019 to the petitioner firm forthwith.

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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 writ petition, the High Court may be pleased to direct the respondents to pay an amount of Rs.4,39,09,688/in connection with work orders in Lr.No.008877/Advt.l1/2019/21, dated 09-01-2019, LR.No.004154/Advt.ll/2018/12, dated 31-07-2018, LR.No.K1/3011/2017-7, dated 15-03-2018 Lr.No.2247/APSMFC/ADMN/AS/2019, dated 01-03-2019 and Lr.No.000345/Advt.11/2019/03, dated 17-01-2019 to the petitioner firm pending disposal of the above Writ Petition.

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Counsel for the Petitioner: SRI P. KAMLAKAR /

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Counsel for the Respondent Nos.1 & 5 : GP FOR FINANCE^AND PLANNING

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Counsel for the Respondent No.2 : GP FOR GENERAL ADMINISRATION Counsel for the Respondent No.3 : GP FOR SOCIAL WELFARE Counsel for the Respondent No.4 : SRI G.R. SUDHAKAR, SC FOR APSMFCL

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Counsel for the Respondent No.6 : SRI E.V. JAGANNADHARAO, SC FOR APSHCL

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Counsel for the Respondent No.7 : M/s. SULTANA SHAIK The Court made the following: ORDER

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APHC010034522023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

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(Special Original Jurisdiction)

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WEDNESDAY ,THE TWENTIETH DAY OF NOVEMBER 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: 1702/2023

Between:

M/s.koushik Group

...PETITIONER

AND

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

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Counsel for the Petitioner:

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1.P KAMLAKAR

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Counsel for the Respondent(S):

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

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2.GP FOR FINANCE PLANNING

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3.GP FOR GENERAL ADMINISTRATION

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4.GP FOR SOCIAL WELFARE

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5.SULTANA SHAIK

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The Court made the following

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ORDER:

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The petitioner had been awarded various works contract^for printing of different Government Schemes and Welfare measures through Bus Branding, CCTV, Digital Wall Painting.^{Afterexecution} of the said contracts, final bills were prepared for^asum total of Rs.4,39,09,688/as per thfe sanctioned orders. The Petitioner company has executed the same strictly in terms of^{theworkorder.} Thereafter, the petitioner company has submitted its^{bills/invoicesas} well as submitted its representations requesting them to pay the bill amounts. Since there is no response from the concerned authorities, the petitioner firm submitted its reminder on 11.11.2022 requesting to release the payment against the execution of works. Even after the said reminder by the petitioner company,^there is no response from the concerned authorities. As the payment^ofthe said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.

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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 sum of money, no payment is being made. The petitioner

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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^tobecleared by the respondents at the earliest.

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On the other hand. Counter affidavit has been filed by Respondents while admitting about the claim of the petitioner, 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^{counselforthe} petitioner and learned Government Pleader for the Respondents, this Writ Petition is disposed of with a direction^{totherespondentsto} release the amount of Rs.4,39,09,688/- to the petitioner along with the interest @ 6% per annum, in view of the judgment^{oftheHon’ble} Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of three (3)^{monthsfromthe}

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'IL

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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.

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

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//TRUE COPY//

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Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR

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To,

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SE OFFICER

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