Allowed

Ark Constructions v. the State of Ap

Andhra Pradesh HC15 Feb 2024WP/1886/2024

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh disposed of a writ petition filed by a contractor seeking payment of the final bill amount of Rs. 31,52,336/- for completed irrigation works, directing the respondents to release the amount with 6% interest within six weeks.

What did the court decide?

Direction to release Rs. 31,52,336/- with 6% p.a. interest within six weeks; no order as to costs.

Ark Constructions Vs the State of Ap — 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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FRIDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1886 OF 2024

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Between:

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M/s. ARK Constructions, MP N.V. Ramakrishna Reddy, S/o. Suryanarayana Reddy, Aged 36 Years, Occ Contractor, R/o. D.No.6-86/1, Satya Sai Collage Road, Ravulapalem, East Godavari 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 to Government Irrigation AND CAD Water Resources Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District.

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The State of Andhra Pradesh, Rep. by it's Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati,^{GunturDistrict.}

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The District Collector, (Irrigation Wing), DR BR^{AmbedkarKonaseemaDistrict} at Amalapuram.

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The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada.

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The Engineer-in-Chief,Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, Krishna^Distriet.

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The Superintending Engineer, Irrigation AND Water Resources Department, Irrigation Circle, Dowleswaram, East Godavari District.

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The Executive Engineer, Water Resources Department,^{GodavariCentral} Division, Amalapuram, DR BR Ambedkar Konaseema District.

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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 an appropriate Writ Petition, 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. 31,52,336/- 1) Amount of Rs. 15,90,906/-, vide its M. Book No. 1983 GC, and its Quality Control Certificate No.59752, for the work Removal of weed growth from Gannavaram canal, bank canal, Amalapuram canal and LHL Channel in the jurisdiction of Irrigation section, Atreyapuram, for the year 2022-2023^{forbothKhariffandRabi} Seasons, 2) Amount of Rs. 15,61,430/-, vide its M. Book No. 1992 GC, and its

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Quality Control Certificate No.59751, for the work Removal of weed growth from Atreyapuram channel, LSS Channel, LS Channel, and RSS^{ChannelandBranch} Channel in the jurisdiction of Irrigation section, Atreyapuram, for the year 20222023 for both Khariff and Rabi seasons, with interest of execution and completion of O AND M works under Irrigation Department as per agreement, 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 bills of total amount worth of Rs. 31,52,336/- for execution of completion of Irrigation works under Irrigation Department 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^{circumstancesstatedin} the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents releasing the Final Bill amount of Rs. 31,52,336/for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition.

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Counsel for the Petitioner:SRI. ANNAMNEEDI BALAKRISHNA

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Counsel for the Respondents No.1,3,4,5,6,7: GP FOR^{IRRIGATIONANDCAD} Counsel for the Respondent No.2: GP FOR FINANCE AND^PLANNING The Court made the following: ORDER

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The petitioner had been awarded the contract of work(s)^under the subject scheme in East Godavari District. After^{executionofthe} said contract, a final bill was prepared for a sum of Rs.31,52,336/as per the sanctioned orders. As the payment of the^saidamount 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

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«/

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I I

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petition6r contGnds thGt such non-psyment of monGy is ciGarly arbitrary and high-handGd rGquiring thG intGrfGrGncG of this Court. 3. This Court, in various ordors, including thG judgnriGnt of a iGarnGd SingiG JudgG of this Court datGd 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 Government Pleader for Irrigation while admitting about the claim of the petitioner placed on record instructions received from the Executive Engineer, Amalapuram, dated 15.02.2024. He would submit that due to lack of LOC, bill was not uploaded in CFMs. Soon after release of the LOC, the bill will be cleared.

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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, learned Government Pleader for Irrigation this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.31,52,336/- to the petitioner, along with the interest @ 6% per annum, in view of the judgment of the Hon'ble Division Bench of this Court in Writ Appeal No.724 of 2021 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

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petitioner to agitate his claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be

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no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in this

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Writ Petition shall stand closed.

Sd/-K. TATA RAO

//TRUE COPY//

DEPUTY REGISTRAR f ^

L SECTION OFFICER

To,

The Principal Secretary to Government Irrigation AND CAD Water Resources Department, State of Andhra Pradesh, Secretariat Buildings, A.P. Secretariat Velagapudi, Amaravathi, Guntur District.

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The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

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The District Collector, (Irrigation Wing), DR BR Ambedkar Konaseema District at Amalapuram.

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The Commissioner, Command Development Authority (CAD)^Water Resources Department, Government of Andhra Pradesh, Vijayawada.

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The Engineer-in-Chief,Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, Krishna Distriet.

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The Superintending Engineer, Irrigation AND Water Resources Department Irrigation Circle, Dowleswaram, East Godavari District.

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The Executive Engineer, Water Resources Department, Godavari Central Division, Amalapuram, DR BR Ambedkar Konaseema District.

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One CC to SRI. ANNAMNEEDI BALAKRISHNA Advocate [OPUC] 9. Two CCs to GP FOR IRRIGATION AND CAD, High Court of Andhra Pradesh. [OUT]

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10.TWO CCs to GP FOR FINANCE AND PLANNING, High Court^of Andhra Pradesh. [OUT]

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Three C D.Copies

nm gi

HIGH COURT

DATED: 16/02/2024

ORDER

WP.No.1886 of 2024

5
^ -
•*K % ■P

DISPOSING OF THE WP WITHOUT COSTS

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(2/5

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'S'' ^ lA-

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Ark Constructions v. the State of Ap

Case brief

What is this about?

What did the court decide?

Ark Constructions v. the State of Ap

Case brief

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What did the court decide?

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