Allowed

A Srinivasa Rao v. The State of Andhra Pradesh

Andhra Pradesh HC11 Feb 2024WP/19452/2023

Case brief

AI extract

What is this about?

Petitioner filed writ petition challenging withholding of bill payments for road formation works. Court found work completed due to lack of funds. Directed release of Rs. 10 lakhs within three months.

What did the court decide?

10.00 lakhs to the petitioner for the works done by him as expeditiously as possible within a period of three (3) months from today on priority basis.

A Srinivasa Rao Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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MONDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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,-iOT)s

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTT

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WRIT PETITION NO: 19452 OF 9()9H

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Between:

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rh»tTi''?fDOD Ramanaiah, Age. 40 years, puttupalli Chejarla, SPSR Nellore 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, Department of Municipal Administration and Urban Development Secretariat Building, Velagapudi, Amaravathi, Guntur.

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The District Collector, SPSR Nellore District.

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^ Dislric?^^'^^'^'^^^ Department of Municipal Corporation^SPSRNellore

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'*■ ‘department of Municipal Corporation, Neiiore, SPSR Nellore District.

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The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. a'^puui.

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Of Andhra Pradesh, Rep. by its Principai Secretary, Housing

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Department, Secretariat, Velagapudi, Amaravati, Guntur District.

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Nellore

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^ Dislricr**^'^^ of A.P. State Housing Department,^SPSR

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Nellore

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^ Dislrlcf^^^'^^ Director (M.D.), Housing Department,^SPSR

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il? 1 P®*" Of Court, dt.19.10.2023 vide order passed in I.A.2 of 2023)

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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 Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 11,25,671/- (Eleven Lakhs, Twenty Five Thousand Six Hundred and Seven One _ Rupees only), even after finalizing the bills payable to the petitioner in relation to the works i.e. Formation of roads at housing sites (Sy.no.200l to 2004) opp Hindu burial ground in venkateswarapuram of Nellore municipal corporation sanctioned vide EE TS .DB2/243/2022-23 dated 14.07.2022, and pass any other order or orders as this Honourable Court may deem fit and proper in the interest of Justice.

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lA NO: 1 OF 2()9H

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i m support of the writ petition, the High Court may be pleased may be pleased to direct the respondents to forthwith consider releasing the amounts payable to the petitioner herein pending disposal of the writ petition.

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Counsel for the Petitioner : SMT. MEKALA ANUSHA Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & Counsel for the Respondent No.2 : GP FOR^R^VENUe*'^^'^^^^ Counsel for the Respondent Nos.3 & 4 : SRI SURESH KUMAR REDDY counsel for .he Respondent No.5 : GP FoTpl^fANcVAN^pT^ISNI^G'"^

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No. 19452 OF 2023

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A.Srinivasa Rao, S/o Venkata Ramanaiah, Age 40 years, Puttupalli, Chejarla, SPSR Nellore District.

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... Petitioner

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Versus The State of Andhra Pradesh, represented by its Principal Secretary, Department of Municipal Administration 8& Urban Secretariat Building, Development, Velagapudi, Guntur District and seven others.

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... Respondents

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Counsel for the petitioner : Smt.M.Anusha Counsel for respondents GP for MASsUD, Sri E.V.Jagannadha Rao and Sri K.Suresh Kumar Reddy, Standing Counsel for Municipal Corporation

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:ORDER:

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The above writ petition is filed to declare the action^of the respondents in withholding the payment of Rs. 11,25,671/-, even after finalizing the bills payable^tothe petitioner in relation to the works i.e. “Formation^ofroadsat

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Page 2 of 5

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SRSJ WP No. 19452/2023

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housing sites (Sy.No.2001 to 2004) opp: Hindu Burial ground in Venkateswarapuram of Nellore Municipal Corporation vide EE TS:DB2/243/2022-23, dated 14.07.2022, as illegal^and arbitrary.

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Heard Smt.M.Anusha, learned counsel for the petitioner, Sri P.Anand Suiya, learned counsel representing Sri Suresh Kumar Reddy Kalava, learned Standing Counsel for Corporation appearing on behalf of the respondents 3 and 4 and Sri Sajid, learned counsel representing Sri E.V.Jagannadha Rao, learned Government Pleader for Housing Department appearing on behalf of the respondents 6 to 8. 3. Counter-affidavit was filed by the respondents 3 and 4 wherein it was contended that the 3--d respondent has already prepared bill and submitted to the Managing Director, Housing Department through District Head, Housing for release of pending bills to the petitioner under Non-OTS funds. Since the funds are not yet released, payments were not made to the petitioner.

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Page 3 of 5 SRSJ WP No. 19452/2023

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Sri Sajid, learned counsel would submit that the bill was raised for Rs. 10.00 lakhs for which the petitioner is entitled to and the amount will be paid after release^ofthe funds from the Government. Learned counsel for the petitioner endorsed that the petitioner is entitled^toRs.10.00 lakhs.

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Learned counsel appearing for the respondents 6 to⁸ would submit that there is no dispute about execution^and completion of the work by the petitioner.

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As seen from the averments in the counter-affidavit, there is no dispute with regard to execution of work^bythe petitioner. In fact, respondent prepared bill for an^amount of Rs. 10.00 lakhs for the subject work vide proceedings No.656/Critical Infra Committee / AM (E) / 2022, dated 19.07.2022. The only reason assigned for non-payment of bills to the petitioner is that funds were not released^bythe Managing Director, Housing Department.

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Since there is no dispute about execution of work by the petitioner and in view of the submission of learned

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Page 4 of 5 SRSJ WP No. 19452/2023

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counsel appearing on behalf of the respondents that the work was completed, the Writ Petition is disposed of directing^the respondents to release an amount of Rs. 10.00 lakhs to the petitioner for the works done by him as expeditiously as possible within a period of three (3) months from today on priority basis. No costs.

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As a sequel, pending miscellaneous petitions, if any.

shall stand closed.

To,

//TRUE COPY//

SD/- S.SRINIVASA PRASAD ASSISTANTfREGISTRAR SECTidsfepRCER^

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The Principal Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Building Velagapudi, Amaravathi, Guntur.

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The District Collector, SPSR Nellore District.

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The Commissioner, Department of Municipal Corporation SPSR Nellore District.

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The Executive Engineer, Department of Municipal Corporation Nellore SPSR Nellore District.

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

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

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^^The District Head of A.P. State Housing Department, SPSR Nellore District.

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The Managing Director (M.D.), Housing Department, SPSR Nellore District.

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One CC to Smt. Mekala Anusha, Advocate [OPUC]

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lO.One CC to Sri E. V. Jagannadha Rao, SC for AP State Housing Coop Ltd [OPUC]

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Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh. (OUT)

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Two CCs to GP for Revenue, High Court of Andhra Pradesh. (OUT)

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Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh (OUT)

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One CC to Sri Suresh Kumar Reddy Kalava, SC for Mucipality (OPUC) 15. Three C.D. Copies. Cnr

HIGH COURT

DATED:12/02/2024

ORDER

WP.No.19452 of 2023

DISPOSING OF THE W.P. WITHOUT COSTS

A Srinivasa Rao v. The State of Andhra Pradesh

Case brief

What is this about?

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A Srinivasa Rao v. The State of Andhra Pradesh

Case brief

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