Petitioner approached High Court via writ petition for non-payment of final bill regarding granite work. Court found work and amount undisputed and directed payment within three months.
The respondents are directed to pay Rs. 28,57,952 to the petitioner within three months on priority basis.
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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction)
THURSDAY ,THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
8m Pl*)5:
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 1768 OF 2024
Between:
...PETITIONER
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 a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not paying the final bill to the petitioner in respect of the Agreement No. 367/2022-23, dated 31-12-2022 in relation to the work for providing Granite to Concrete Pedestals to develop the Greenary from Vinayaka statue to Municipal limits for Beautification of Tenali-Mangalag iri road, even after approval of the final Bill payable to the petitioner by the respondents 1 to 4
n
is arbitrary, illegal and in violation of Articles 14 and 19 (1) (g) of the Constitution of India and consequently direct the respondents 1 to 4 to pay the final Bill dated 24-11-2023 of an amount of Rs.28,33,793/-alongwith • interest @ 12percent to the petitioner. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition,theHighCourtmaybe pleased to direct the respondents 1 to 3 to release the payment of in order to u ndisputed amount of Rs. 28,33,793/- by the respondentNo.4 pay the amount to the petitioner, pending disposalofthewritpetition. Counsel for the Petitioner(s): SRI. PRABHU NATH VASIREDDY Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMNURBAN DEV
Counsel for the Respondent No.2: GP FOR FINANCE ANDPLANNING Counsel for the Respondent Nos.3 & 4: SRI M MANOHARREDDY,SC FOR MUNICIPALITIES
The Court made the following; ORDER
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No. 1768 OF 2024
M/s JP Ram Infra Door No.3-48-46/C, Temple Towers, 5^^ Line, Brundavan Gardens, Guntur, Guntur District represented by its Managing Partner Vasireddy Jayaram. ... Petitioner Versus The State of Andhra Pradesh, represented by its Principal Secretary, Municipal Administration 86 Urban Development, Secretariat Building, Velagapudi, Amaravati and three others.
... Respondents
Counsel for the petitioner ; Sri Ch.Nageswara Rao : GP for MA86UD, GP for Counsel for respondents Finance 86 Planning and Sri M.ManoharReddy, Standing Counsel for Municipality.
:ORDER:
The above writ petition is filed to declare the actionof the respondents in not paying the final bill to thepetitionerin respect of the work done i.e. providing Granite toConcrete Pedestals to develop the Greenery from Vinayaka statue to
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Page 2 of 4
SRSJ WP No. 1768/2024
Municipal limits of Tenali-Mangalagiri road, as illegal and arbitrary.
- Heard Sri Ch.Nageswra Rao, learned counsel for the petitioner, Sri G.Naresh Kumar, learned counsel representing Sri M.Manohar Reddy, learned Standing Counsel for Municipality appearing on behalf of respondent Nos.3and4 and learned Assistant Government Pleader for Finance appearing on behalf of respondent No.2.
- Learned counsel appearing on behalf of respondent Nos.3 and 4, on instructions, would submit that the petitioner completed the work and in fact, the bill was uploaded in CFMS portal on 14.12.2023 and he would submit that the amount will be released to the petitioner.
<5
Page 3 of 4
SRSJ WP No. 1768/2024
As a sequel, pending miscellaneous petitions, if any.
shall stand closed.
Sd/- V SAVITHRI GOWRI ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
AL
HIGH COURT
DATED:22/02/2024
ORDER
WP.No.1768 of 2024
DISPOSING OF THE WP WITHOUT COSTS
2 issues framed by the court
Whether the High Court should direct the respondents to pay the undisputed final bill amount to the petitioner.
Whether the non-payment of the amount is arbitrary and violates Articles 14 and 19(1)(g).
M/s. JP Ram Infra
State of Andhra Pradesh
Tenali Municipality
Municipal Engineer Tenali Municipality
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
