High Court held that respondents must pay Rs 13,08,600 for executed works within three weeks, rejecting the budget delay excuse and relying on Division Bench precedent.
Release of amount Rs. 13,08,600/- to petitioners within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 226 OF 2024
Between:
...Petitioners
AND
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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of and final bill amount of Rs.4,50,000/-, Rs. 4,50,000/- and Rs. 4,08,600/respectively Totally an amount of Rs. 13,08,600/- even after finalizing the bills payable to the petitioner in relation to the works i.e.. Land Leveling and jungle clearance and stone plantation in APIIC-11 Layout of Mudupullavemula Grama Panchayat of Jaganna Housing Layout Colony of Piler Mandal, Annamayya District, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amount of Rs.4,50,000/Rs. 4,50,000/- and Rs. 4,08,600/- respectively Totally an amount of Rs. 13,08,600/- with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith.
lA NO: 1 OF 2024
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 may please to direct the respondents to consider for payment of amount of Rs.4,50,000/-, Rs. 4,50,000/- and Rs. 4,08,600/respectively Totally an amount of Rs. 13,08,600/- even after finalizing the bills payable to the petitioner in relation to the works i.e.. Land Leveling and jungle clearance and stone plantation in APIIC-11 Layout of Mudupullavemula Grama Panchayat of Jaganna Housing Layout Colony of Piler Mandal, Annamayya District, pending disposal of the Writ Petition.
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A
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Counsel for the Petitioner: SRI. SURESH KUMAR REDDY KALAVA
Counsel for the Respondent Nos. 1&2: GP FOR REVENUE
Counsel for the Respondent Nos. 3 to 6: SRI E V JAGANNADHA RAO SC FOR AP STATE HOUSING COOP LTD
Counsel for the Respondent No.7: GP FOR FINANCE PLANNING
The Court made the following order:
1
-1
APHC010000032024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3329]
THURSDAY ,THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PFTITION NO: 226/2024
Between:
Smd Mubarak Basha and Others
...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others Counsel for the Petitioner(S):
...RESPONDENT(S)
1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S); LEV JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 2.GP FOR FINANCE PLANNING 3.GP FOR REVENUE
The Court made the following:
ORDER:
under Article 226 of the Constitution of India is The instant Writ Petition
filed by the Petitioners for the following relief;
other appropriate writ or (direction “ to issue a writ of mandamus or any . r ^st declaring the action of the Respondents in withholdingthepaymentof 1 and final « amount of Rs 4,50,000/-, Rs.4,60,000/- and Rs,4,08^600/- respec^e y Totally an amount of Rs,13,08,600/- even after finalizingthebilspayable the petitionei^m-relation to the works i,e., "Land Levelingandjungleclearanceand Lne plantation in APIIC-II Layout of MudupullavemulaGramaPanchayat
2
Jagananna Housing Layout Colony of Filer Mandal, Annamayya District, is questioned as the same is illegal,! arbitrary and consequently direct the respondents to consider for payment of amount of Rs 4,50,000/-, Rs.4,50,000/and Rs.4,08,600/- respectively Totally an amount of Rs. 13,08,600/ with interest @ 24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and passsuch..”
- The petitioners had been awarded various works contract in APIIC-II Mudupullavemula Grama Panchayat of Jagananna Housing Layout Colony of Piler Mandal, Annamayya District. After execution of the said contracts, final bills were prepared for a sum of total of Rs. 13,08,600/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioners have approached this Court by way of this writ petition.
- This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038of2021andbatchhad taken the view that such non-payment of dues is arbitraryandthatsuchdues need to be cleared by the respondents at the earliest.
TW
3
- On the other hand, learned Standing Counsel furnished written instructions dated 9.12.2024 issued by Respondent No.3 while admitting about the claim of the petitioners submit that, since the budget was not released by the Government, the bills were not paid to the petitioners. Soon after release of the budget by the Government, the bills will be paid to the petitioners.
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
//TRUE COPY//
SDI- K KASIRAO ACHARl ASSISTANT REGISTRAR SECfff&OFFICER
To,
C: ■
GSC
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HIGH COURT DATED:19/12/2024
ORDER
WP.No.226 of 2024
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^SAATC«eO
DISPOSING OF THE WP
WITHOUT COSTS
2 issues framed by the court
Whether the respondents are directed to pay the remaining bills for executed works to the petitioners.
Whether the delay in payment due to budget release requires High Court intervention.
SMD Mubarak Basha
S. Munira Begam
G. Paramashivara Prasad
The State of Andhra Pradesh
AP State Housing Corporation Limited
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
