Allowed

Kbc Infrastructures Private Limited v. the State of Ap

Andhra Pradesh HC1 Jan 2024WP/22840/2023

Case brief

AI extract

What is this about?

A writ petition was filed seeking declaration of illegality in non-payment of a bill of Rs. 78,45,188/- and consequential relief. The Court found the non-release unjust and directed the respondents to make payment including statutory deductions within three months.

What did the court decide?

Directed respondents to arrange payment of Rs. 78,45,188/- after statutory deductions within three months.

Kbc Infrastructures Private Limited Vs the State… — Specific Performance | Andhra Pradesh HC (2024)

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

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TUESDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

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WRIT PETITION NO: 22840 OF 2023

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Between:

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M/s KBC Infrastructures Private Limited, D.No. 4-5-49/42, Kalyani Road, 5th Line, Chandramoulinagar,Guntur, Guntur District Rep.by its Managing Director Kanneganti Butchaiah

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...PETITIONER

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AND

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The State of AP, rep. by its Principal Secretary, Roads and Buildings Department, Secretariat Buildings, Velagapudi Village,^{GunturDistrict.}

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The State of Andhra Pradesh, rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi Village,Guntur District.

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The Superintending Engineer, (R and B).Circle, Guntur,^{GunturDistrict.}

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The Executive Engineer, R and B Division, Bapatia, Bapatia 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 a writ order or direction more particularly^one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not paying the first and final bill to the petitioner in respect of the L.S Agreement C.R No. 16/ 2022-2023, dated 31-05-2022 in relation to the work for urgent repairs to Bapatla-Suryalanka road from Km 0.000 to 0.300 (Bapatia town limits) in Guntur District, even after approval of the Bill payable to the petitioner by the respondents 1 to 4 is arbitrary, illegal and in violation of Articles 14 and 19 (1) (g) of the Constitution of India and consequently direct the respondents 1 to 4 to pay the Bill dated 29-04-2023 of an amount of Rs. 78,45,188/- along with interest @ 12% to the petitioner.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 3 to release the payment of undisputed amount of

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Rs.78,45,188/to the respondent No.4 in order to pay the amount to the petitioner, pending disposal of the writ petition.

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Counsel for the Petitioner(s): SRI. PRABHU NATH VASIREDDY

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Counsel for the Respondents 1, 3 & 4 : GP FOR ROADS^BUILDINGS

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Counsel for the Respondent No.2 : GP FOR FINANCE &^PLANNING

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON^BLE SRI JUSTICE NINALA JAYASURYA

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WRIT PETITION No.22840 of 2023

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Between

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M/s.KBC Infrastructures Private Limited, Rep.by its Managing Director, Kanneganti Butchaiah. .... Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Roads & Buildings Department, Secretariat, Velagapudi Village, Guntur District & Others. Respondents Counsel for the Petitioner : Mr.Prabhunath Vasireddy Counsel for the Respondents ; G.P. for Roads & Buildings, G.P. for Finance & Planning

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ORDER:

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Heard learned counsel for the petitioner. Also heard^{learnedAssistant} Government Pleader for Roads & Buildings and learned Assistant Government Pleader for Finance & Planning appearing^{fortherespective} respondents. With the consent of both sides, the Writ^{Petitionisdisposedof.} at the stage of admission.

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The present Writ Petition is filed to declare the action of the respondents in not releasing the final bill amount^{ofRs.78,45,188/-} for execution of works by the petitioner vide Agreement^{C.R.No. 16/2022-23} dated 31.05.2022 as illegal, arbitrary etc., and for^{aconsequentialdirection} to pay the said amount along with interest @ 12% p.a.,^{tothepetitioner} and to pass such other orders.

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The learned counsel for the petitioner submits that the petitioner completed the works-in-question to the satisfaction of the respondentauthorities in all respects. He submits that despite^the same, bills to which the petitioner is lawfully entitled were not released resulting in serious prejudice and irreparable loss and hence the present Writ Petition is filed.

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At the time of considering the matter, the learned Assistant Government Pleader for Roads & Buildings placed a copy of the written instructions dated 02.01.2024 received from the 4*^ respondent for perusal of this Court, from a reading of which, it would appear that the work bill is not uploaded in CFMS portal for want of budget provision.

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Therefore, in view of the undisputed position with regard to the execution of works by the petitioner and non-payment of bills in respect of the same, this Court being of the opinion that the respondents' action in not releasing payment is unjust, not tenable, however inclined to grant some time to the respondents to make the payment.

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Accordingly, the Writ Petition is disposed of, with a direction to the respondents to arrange to make payment of the amount, which is due and payable to the petitioner, in respect of the works executed, after effecting statutory deductions, as expeditiously as possible, at any rate, within a period of three (3) months from the date of receipt of a copy of this order. It is needless to mention that the petitioner may raise claim with regard to the

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interest component before appropriate Forum, if it is so advised. There shall

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be no order as to costs.

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As a sequel, all pending applications shall stand closed.

To,

//TRUE COPY//

Sd/- S.SRINIVAS PRASAD ASSISTANT REGISTRAR

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SECTION^FICER

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Principal Secretary, Roads and Buildings Department State of AP 2 tillage, Guntur District. ’ ' Secretary, Finance and Planning Department State of Andhra 3.

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radesh. 6. Two^Cs to GP for ROADS BUILDINGS. High Court of^Andhra^P Pradesh. [Ot?n & PLANNING, High Court of Andhra 8. Three CD Copies Madhu gl

HIGH COURT

DATED:02/01/2024

ORDER

WP.No.22840 of 2023

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DISPOSING THE WP WITHOUT COSTS

Kbc Infrastructures Private Limited v. the State of Ap

Case brief

What is this about?

What did the court decide?

Kbc Infrastructures Private Limited v. the State of Ap

Case brief

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What did the court decide?

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