Writ petition challenging withholding of pending payment for construction works. Court directed respondents to pay net amount due to petitioner within one month. Petition disposed of.
Directing respondents to pay net amount due to petitioner within one month.
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^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR '
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN '
WRIT PETITION NO: 24141 OF 2024
Between;
M/s HSR Infra Projects, Rep. by its managing partner Sri. Ch. Ramamohan Reddy S/o. Ch. Balakrishna Reddy, Age. 55years,D/o. 505, B-Block, Sahithi Estates,Saraswathi Nagar, Nellore, Andhra Pradesh.
...Petitioner
AND
...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 declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 9,85,634 /- (Nine Lakhs, Eighty Five Thousand, Six Hundred and Thirty Four Rupees only), even after finalizing the bills payable to the petitioner in relation to the works i.e. 7.construction of CC Roads In 5th Ward of Piduguralla Municipality Under DMFT Funds , Agreement no.34/2023-24 dated. 06.12.2023 sanctioned Under DMFT Fund.
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 to direct the respondents to forthwith consider releasing the amounts payable to the petitioner herein, pending disposal of the writ petition.
Counsel for the Petitioner: SRI. DEVASRI ROSHAN KANCHARLA
Counsel for the Respondent No.1 : GP MUNCIPAL ADMN AND URBAN DEV
Counsel for the Respondent No. 2 and 3: M/s SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES.
Counsel for the Respondent No.4: GP FOR REVENUE
Counsel for the Respondent Nos 5&6: GP FOR MINES AND GEOLOGY
Counsel for the Respondent No.7: GP FOR FINANCE PLANNING
The Court made the following order:
I
APHC010465792024
QMS *5
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
(Special Original Jurisdiction)
[3233]
THURSDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 24141/2024
Between:
...PETITIONER Hsr Infra Projects
AND
The State Of Ap and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.DEVASRI ROSHAN KANCHARLA
Counsel for the Respondent{S):
I.Sireesha Rani Vallabhaneni, Standing Counsel ForMunicipalities
2.GP FOR MINES AND GEOLOGY
3.GP MUNCIPAL ADMN AND URBAN DEV AP
4.GP FOR FINANCE PLANNING
The Court made the following Order:
Heard the learned counsel for the petitioner, the learnedStanding Counsel for the respondent Nos.2 & 3 and the learned Assistant Government Pleader for the other respondents.
2
I
- This writ petition is filed questioning the action of the respondents in withholding the payments of pending amounts of Rs.9,85,634/- (Nine lakhs eighty five thousand six hundred and thirty four rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e., “I. Construction of CC Roads in 5**^ vyard of Piduguralla Municipality under DMFT Funds, Agreement No.34/2023-24, dated 06.12.2023”sanctioned under DMFT Fund.
- On the other hand, the learned Standing Counsel relying upon the written instructions of the 2"'^ respondent submits that, the gross amount of Rs.9,85,634/is payable to the petitioner and after due deductions, the same will be paid in due course. Fie further submits that after releasing the funds from the Deputy Director, Mines & Geology, Narasaraopet the amount will be paid to the petitioner by the 2"^^ respondent.
- Accordingly, the writ petition is disposed of. Thereshallbenoorder as to costs.
As a sequel, Miscellaneous Petitions pending, if any, shall stand
1
closed.
//TRUE COPY//
Sd/- V SAVITHRI GOWRI ASSISTANT REGISTRAR
To,
- Two CCs to GP for Finance Planning, High Court Of Andhra Pradesh. [OUT]
- Two CCs to GP for Mines and Geology, High Court OfAndhra Pradesh. [OUT]
- Three CD Copies
GSC
HIGH COURT DATED:05/12/2024
ORDER
WP.No.24141 of 2024
fix (o
3 1 JAN 2125 J
Current Section ^ j
DISPOSING OF THE WP
WITHOUT COSTS
1 issue framed by the court
Whether the respondents were justified in withholding pending payments of Rs. 9,85,634/- after finalizing bills for construction works?
2 provisions across 2 enactments
M/s HSR Infra Projects
The State of Andhra Pradesh
Piduguralla Municipality
The Executive Engineer, Narasarao Peta Municipality
The District Collector, Palnadu District
The Director of Mines And Geology
B Krishna Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
