Dismissed

M/s Garrison Constructions, v. The State of Andhra Pradesh

Andhra Pradesh HC1 May 2024WP/242/2024

Case brief

AI extract

What is this about?

Counsel for the petitioner and respondent submitted that the authorities had admitted liability for the payment of construction bills. Directing the respondents to release the admitted amount within three months, the Court disposed of the writ petition without costs. Interest claims were noted as to be agitated elsewhere.

What did the court decide?

Direction to release the legally admitted/entitled amount to the petitioner within three months from the receipt of the copy of this order.

M/s Garrison Constructions, Vs The… — 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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THURSDAY, THE SECOND DAY OF MAY , - TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ^

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WRIT PETITION NO: 242 OF 2024

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Between:

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M/s Garrison Constructions, Rep. by its managing Director, G. Hemanth Reddy, S/o. G. Bhaskar Reddy, Aged about 52 years, Occ Contractor, R/o.7128/2, Srinagar Colony, Near Vikuntapuram, Tirupati,^{ChittoorDistrict.}

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by Principal Secretary, Panchayatraj and Rural Development, Secretariat Buildings Velagapudi, Amaravathi.

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The Superintending Engineer, PR Circle, Chittoor,^{ChittoorDistrict.}

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The Executive Engineer, PRI Division, P.I.U, Chittoor,^{ChittoorDistrict.}

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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.

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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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of 1st and final bill amount of Rs. 1,60,04,473/even after finalizing the bills, payable to the petitioner in relation to the work i.e., Upgradation of Link road from Agraharam Reddivaripalle^to Moogalamarri and Upgradation of Link road from Agraharam Reddivaripallle to Nimmanapalle-Vayalpad Road (Aramadaka), Madanapalle Assembly Constituency, Chittoor District, vide Agreement No.22/2021-22, dt.31.05.2021, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs. 1,60,04,473/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of^{above-mentionedwork} 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 consider for payment of balance amount of Rs. 1,60,04,473/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Upgradation of Link road from Agraharam Reddivaripalle to Moogalamarri and Upgradation^ofLinkroad from Agraharam Reddivaripatrie to Nimmanapalle-Vayalpad Road (Aramadaka) Madanapalle/^Assembly Constituency, Chittoor District., vide Agreement No.22/2021-22, dt.31.05.2021, forthwith, pending disposal of the Writ Petition.

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Counsel for the Petitioner(s); SRI SURESH KUMAR REDDY^KALAVA

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Counsel for the Respondents 1 to 3 : GP FOR PANCHAYAT^RAJRURAL DEV

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Counsel for the Respondent No.4 : GP FOR FINANCE &^PLANNING

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The Court made the following: ORDER

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APHC010000042024

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

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[3332]

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THURSDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO: 242/2024

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Between:

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M/s Garrison Constructions

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.SURESH KUMAR REDDY KALAVA

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Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV (AP)

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2.GP FOR FINANCE PLANNING (AP)

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The Court made the following:

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ORDER:

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Heard Sri Suresh Kumar Reddy kalava, learned counsel for the petitioner and learned Assistant Government Pleader for Panchayat Raj.

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When the matter is taken up for consideration today, learned Assistant Government Pleader for Panchayat Raj on written instructions^{dated02.05.2024} of the Executive Engineer, PIU, Chitoor, submitted that, the authorities have

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admitted to pay the amount as claimed to the petitioner and sought three (03) months time for such payment in view of the magnitude of the amount.

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To the said submission, learned counsel for the petitioner reported no objection. 4. Taking into consideration the submissions of both the learned counsel, as the authorities have an intention to pay the legally entitled amount to the petitioner, there is no purpose in keeping the writ petition pending and this Court is inclined to dispose of the writ petition with the following direction.

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The respondents are directed to release the legally admitted/entitled amount to the petitioner at the earliest and at any rate, within a period of three (03) months from the date of receipt of copy of this order. It would be open to the petitioner to agitate his claim of interest, if any, payable by the respondents before appropriate forum.

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Accordingly, the writ petition is disposed of. No costs.

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Miscellaneous applications, pending if any, shall stand^closed.

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To,

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SD/- K. KASIRAO ACHARI //TRUE COPY// ASSISTANT REGISTRAR SECTION OFFICER

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The Principal Secretary, Panchayatraj and Rural Development State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi.

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The Superintending Engineer, PR Circle, Chittoor, Chittoor District.

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The Executive Engineer, PRI Division, P.I.U Chittoor, Chittoor 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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One CC to SRI SURESH KUMAR REDDY KALAVA Advocate [OPUC]

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Two CCs to GP for PANCHAYAT RAJ RURAL DEV, 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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Three CD Copies

Madhu

HIGH COURT

DATED:02/05/2024

ORDER

WP.No.242 of 2024

OVi
iS> 2 0 AUG 202'! CoI
CurrsiTl Section
★

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DISPOSING THE WP WITHOUT COSTS

M/s Garrison Constructions, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/s Garrison Constructions, v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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