Allowed

K v. Ramana Reddy v the State of Andhra Pradesh

Andhra Pradesh HC2 Oct 2024WP/21642/2024

Case brief

AI extract

What is this about?

Contractor sought mandamus directing release of final bill amounts under two irrigation work agreements which the respondents admitted but did not pay due to pending quality clearance. The writ petition was allowed with a direction to release Rs.15,61,989 with interest within two months, liberty to seek higher interest elsewhere.

What did the court decide?

Direction to release Rs.15,61,989/- with interest per W.A.No.724 of 2021 within two months; no costs.

K v Ramana Reddy Vs the State of… — Contract and Commercial Disputes | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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N ' THURSDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT

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i
<br>

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THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 21642 OF 2024

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Between:

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K. V. Ramana Reddy, S/o. K.V. Subba Reddy Aged about 47 years, Occ Contractor, R/o. Plot.No. 301, Sri Siri Avenue Maruthi Co-op Colony, Patamata, Vijayawada, N.T.R. 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

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Government Irrigation AND CAD Water Resources Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District.

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The District Collector (Irrigation Wing), Krishna District at Machilipatnam.

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The Engineer-in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada N.T.R. District, previously Krishna District.

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The Superintending Engineer, Superintending Engineer Irrigation AND Water Resources Department, Irrigation Circle Office, Vijayawada, N.T.R. District., previously Krishna District.

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The Executive Engineer, Water Resources Department, Drainage Division , Gudivada, Krishna District.

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

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

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...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 an appropriate Writ, 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.18, 61, 879/i.e.,1) Amount Rs. 13,10,000/-, Agreement No.15/2023-24 dated 20.07.2023, and M.Book.No 6354 DG 2) Amount Rs.5,51,879/-, Agreement No. 16/2023-24, dated 20.07.2023, and M.Book.No.6357 DG with interest of execution and completion of Irrigation 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. 18,61,879/- 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 circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to releasing the Final Bill amount of Rs.18, 61, 879/- i.e.,1) Amount Rs. 13,10,000/-, Agreement No.15/2023-24 dated 20.07.2023, M.Book.No 6354 DG 2) Amount Rs.5,51,879/Agreement No. 16/2023-24, dated 20.07.2023, and M.Book.No.6357 DG for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition.

Si.

Counsel for the Petitioner: SRI PAMARTHI KAMESWARA RAO Counsel for the Respondent Nos.1 to 6: GP FOR IRRIGATION & CAD Counsel for the Respondent Nos.7: GP FOR FINANCE & PLANNING The Court made the following: ORDER

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APHC010421842024

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

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[3311]

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THURSDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 21642/2024

Between;

K.V. Ramana Reddy

...Petitioner

And

The State of Andhra Pradesh and Others

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...Respondent(s)

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Counsel for the Petitioner:

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I.Pamarthi Kameswara Rao

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Counsel for the Respondent(S):

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1.GP for Finance Planning

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2.GP for Irrigation Comm Area Dev

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The Court made the following:

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This writ petition is filed seeking the following relief:

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“...to issue an appropriate writ, 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.18,61,879/- i.e., 1) Amount Rs.13,10,000/-, Agreement No.15/2023-24,^dated 20.07.2023, and M.Book.No.6354 DG 2) Amount Rs.5,51,879/-, Agreement No.16/2023-24, dated 20.07.2023, and M.Book.No.6357 DG with interest of execution and

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BSB,J W.P.No.21642 of2024

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completion of Irrigation 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. 18,61,879/- for execution of completion^of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass...

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 3. 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 (FAC), Drainage Division, Gudivada, vide Letter No.EE/DRG/GDV/AB/A4/Court Cases/799M, dated 28.09.2024. He submitted that the bills were not uploaded because quality clearance was not done and prayed to pass appropriate orders.

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The amount claimed by the petitioner and the bill amount stated in the written instructions are as follows:

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SI.No	Agreement No.	Agreement	Bill amount
		amount
1	15/2023-24	13,10,000/-	10,98,361/-
2	16/2023-24	5,51,879/-	4,63,628/-
	Total	18,61,879/-	15,61,989/-

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3 BSB,J W.P.No.21642 of 2024

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In view of the submissions of the learned counsel for the petitioner and •N. the learned Government Pleader for Irrigation, this^WritPetition is allowed with a direction to the respondents to release the^{amountofRs.15,61,989/-} (Rupees Fifteen Lakh Sixty One Thousand Nine Hundred^{andEightyNine} only), along with any other higher amount if payable^{tothepetitioner,withthe} interest as per the entitlement vide the judgment of^{theDivisionBenchofthis} Court in Writ Appeal No.724 of 2021 and batch of cases^dated 12.10.2023, within a period of two (02) months from the date of^{receiptofacopyofthis} order.

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It is open to the petitioner to agitate the claim for^{higherrateofinterest,} if any, payable by the respondents, before an appropriate^{forum.Thereshall} be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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Sd/- N. NAGAMMA ASSISTANT, REGISTRAR

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//TRUE COPY// SE (^GN^FFICER

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To,

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

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The District Collector (Irrigation Wing), Krishna District^at Machilipatnam.

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The Engineer-in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada,^N.T.R. District, previously Krishna District.

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The Superintending Engineer, Superintending Engineer Irrigation AND Water Resources Department, Irrigation Circle Office, Vijayawada, N.T.R. District., previously Krishna District.

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The Executive Engineer, Water Resources Department, Drainage Division , Gudivada, Krishna District.

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

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The Principal Secretary, Finance Department, State^{ofAndhraPradesh,} Secretariat Buildings, Velagapudi, Amaravati, Guntur^District.

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One CC to Sri Pamarthi Kameswara Rao, Advocate [OPUC]

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Two CCs to GP for Irrigation and CAD, High Court^ofA.P.at

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Amaravati[OUT]

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Two CC’s to GP for Finance and Planning, High Court^ofA.P.at Amaravati[OUT]

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Three CD Copies.

ssb

HIGH COURT

-■ N

DATED:03/10/2024

ORDER

WP.No.21642 of 2024

16 NOV m
o Con
. Curreni Section . ^

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ALLOWING THE W.P. WITHOUT COSTS

K v. Ramana Reddy v the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

K v. Ramana Reddy v the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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