Disposed

Gonuguntla Jaya Krishna v. The State of Andhra Pradesh

Andhra Pradesh HC13 Feb 2024WP/1770/2022

Case brief

AI extract

What is this about?

Contractor sought release of Rs. 19,58,838/- under four works agreements after respondents failed to pay the final bill despite admission. As no counter affidavit or instructions were filed despite adjournments, the court directed release of the amount with interest at 6% per annum within six weeks.

What did the court decide?

Release of Rs. 19,58,838/- with 6% p.a. interest within six weeks; liberty to claim higher interest in another forum.

Gonuguntla Jaya Krishna Vs The State… — Contract and Commercial Disputes | 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 FOURTEENTH DAY OF FEBRUARY ... TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA '

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WRIT PETITION NO: 1770 OF 2022

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Between:

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Gonuguntia Jaya Krishna, S/o Gonuguntia Lakshmi Narayana, aged about 35 years, R/o. 3-50, Dorigallu, Nagalagubala, Mudigubba, Mudigubba Mandal, Anantapur District, AP.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, A.P. Secretariat, Velagapudi Village, Guntur^District.

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, A.P. Secretariat, Velagapudi Village, Guntur^District.

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The District Collector, Anantapur District, Anantapur.

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The Executive Engineer, I.D Division, Anantapuramu^{AnantapurDistrict.}

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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 pleased to issue a Writ, Direction, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding payment of bills to the petitioner to the in respect of the I.Ageement No.334/2018-19 dated 07-01-2019 for an amount of Rs. 5,87,064/- 2.Agreement No.335/2018-19 dated 07-01-2019 for an amount of Rs. 3,33,720/- 3.Agreement No.336/2018-19 dated 07-01-2019 for an amount of Rs. 4,50,990/- 4.Agreement No.337/2018-19 dated 07-01-2019 for an amount of Rs. 5,87,064/- total amount of Rs. 19,58,838/- for the 4 agreements for the works done by petitioner, entered into between the petitioner and the 4th Respondent, as illegal, arbitrary, malafide, high handed, contrary to the established procedure of law apart from being violative of Arts. 14 and 19 (g) of the Constitution of India and to consequently direct the Respondents to forthwith release the payment of above . bill amount along with interest 24% p.a. to the petitioner.

/ /

lA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleasedto} grant interim direction to the Respondents to forthwith^{processandpaythebills} due to the petitioner to the tune of total amount of Rs. 19,58,838/- for the 4 agreements 1.Agreement No.334 /2018-19 dated 07-01-2019^{foranamountof} Rs 5 87 064/- 2. Agreement No.335/2018-19 dated 07-01-2019^{foranamountof} Rs 3’,33’,720/- 3. Agreement No.336/2018-19 dated 07-01-2019^{foranamountof} Rs. 4,50,990/- 4.Agreement No.337 /2018-19 dated 07-01-2019^{foranamountof} Rs. 5,87,064/- entered into between the petitioner^and the 4th Respondent forthwith.

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Counsel for the Petitioner(s): SRI. P SREE RAMULU NAIDU

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Counsel for the Respondents 2 to 4 : GP FOR IRRIGATION^ANDCAD Counsel for the Respondent No.1 : GP FOR FINANCE &^PLANNING

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The Court made the following: ORDER

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■/ r

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No. 1770 of 2022

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ORDER:

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The petitioner had been awarded the contract of work(s) under the subject scheme in Anantapur District. After^executionof the said contract, a final bill was prepared for a sum of Rs. 19,58,838/- as per the sanctioned orders. As the^paymentof the said amount has not been made by the respondents, the petitioner has approached this Court by way of this^{writpetition.}

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It is the contention of the petitioner that even though^the respondents admitted that the petitioner is entitled^forpaymentof 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^ofthisCourt. of a 3. This Court, in various orders, including the judgment learned Single Judge of this Court dated 05.10.2021 in W.P.No. 10038 of 2021 and batch had taken the view^thatsuch non-payment of dues is arbitrary and that such dues^needtobe cleared by the respondents at the earliest.

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On the other hand, learned Government Pleader for Irrigation would submit that the concerned authority is not cooperating^to V.

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'1^

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state that the factual aspect with regard to payment of the bill amount, as such, neither instructions could be obtained nor counter affidavit is filed. 5. Hence, in the absence of filing any counter affidavit/written instructions by the respondents, the right of the respondents^tofile counter affidavit is forfeited and this Court is left with no other option, except to proceed further without counter affidavit, despite granting several adjournments to the respondents to file counter affidavit/written instructions.

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In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs. 19,58,838/- to the petitioner, along with the interest @ 6% per annum, in view of the judgment of the HonTDle Division Bench of this Court in Writ Appeal^No.724of2021 and batch dated 12.10.2023, within a period of six (06) weeks 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

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payable by the respondents, in an appropriate forum.^Thereshall

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be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending^inthis

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Writ Petition shall stand closed.

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SD/- B. PRASADA RAO ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary, Finance Department, State^{of AndhraPradesh,A.P.} Secretariat, Velagapudi Village, Guntur District.

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The Principal Secretary, Irrigation Department, State^{of AndhraPradesh,A.P.} Secretariat, Velagapudi Village, Guntur District.

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The District Collector, Anantapur District, Anantapur. 4. The Executive Engineer, I.D Division, Anantapuramu Anantapur District. 5. One CC to SRI. P SREE RAMULU NAIDU Advocate [OPUC] 6. Two CCs to GP for IRRIGATION AND CAD, High Court of^{AndhraPradesh.} [OUT]

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Two CCs to GP for FINANCE & PLANNING, High Court of^{AndhraPradesh.} [OUT]

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Three CD Copies Madhu

MBT

HIGH COURT

NV,J

DATED:14/02/2024

ORDER

WP.No.1770 of 2022

DISPOSING THE WP WITHOUT COSTS

Gonuguntla Jaya Krishna v. The State of Andhra Pradesh

Case brief

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What did the court decide?

Gonuguntla Jaya Krishna v. The State of Andhra Pradesh

Case brief

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