Contractor sought mandamus for release of withheld payments for completed approach road works under Chittoor Municipal Corporation. Respondents admitted entitlement to a net amount of Rs.16,16,567/- citing paucity of funds. The Court directed payment of the net amount within three months on priority basis.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
MONDAY. THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
iPRESENT:
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTj WRIT PETITION NO: 247 OF 2024
Between:
M/s Ananda Constructions, Rep. by its Managing PartnerA.SirishKumar S/o late Ananda Reddy, age 48 years, Occ: Contractor, R/o Varadarajulapalle Village, Mapakshi post, ChittoorMandalandDistrict.
...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
• -
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the funds through a proper channel for payment of Rs.17,92,103/-as per the M.Book No.94, dated 1912-2022, including quality control holding amounts.
Counsel for the Petltioner(s): SRI. K V L NARASIMHARAO
Counsel for the Respondent Nos. 1 to 3 and 5: GP FORMUNCIPAL ADMN AND URBAN DEV AP
Counsel for the Respondent No. 4: SRI SURESH KUMAR REDDY KALAVA
Counsel for the Respondent No.6: GP FOR FINANCE ANDPLANNING The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.247 of 2024
M/s Ananda Constructions, Rep. by its Managing Partner A. Sirish Kumar, S/o Late Ananda Reddy, aged 48 years, Occ: Contractor, R/o Varadarajulapalle Village, Mapakshi Post, Chittoor Mandal and District.
... Petitioner
Versus
The State of Andhra Pradesh, Rep. by Principal Secretary, Municipal Administration 86 Urban Development, Secretariat Buildings, Velagapudi, Amaravathi and five others.
... Respondents
Counsel for the petitioner : Sri K.V.L. Narasimha Rao Counsel for respondents ; GP for Municipal Administration and Urban Development; GP for Revenue; GP for Finance and Sri K. Suresh Kumar Reddy, standing counsel
ORDER
This writ petition is filed to declare the action of respondents in withholding an amount of Rs. 17,92,103/payable to the petitioner in relation to execution of work i.e “formation of approach road at Bandapalli layout-1(Jagananna colony)”, as illegal and arbitrary.
Page 2 of 4
SRS,J W.P.No.247 of 2024
\
- In view of the above, since there is no dispute regarding execution of work and net amount payable to the petitioner,this Writ Petition is disposed of directing the respondents to pay the
V,
Page 3 of 4
SRS, J W.P.No.247 of 2024
net amount of Rs. 16,16,567/- to the petitioner, withinaperiod of three months from today, on priority basis. No costs.
As a sequel, pending miscellaneous petitions, if any,shall stand dismissed.
Sd/- K. TATA RAO DEPUTY REGISTRAR
//TRUE COPY//
To,
[;SECTION OFFICER
r-
HIGH COURT
DATED:19/02/2024
ORDER
WP.No.247 of 2024
DISPOSING OF THE WP
WITHOUT COSTS
1 issue framed by the court
Whether the respondents could lawfully withhold Rs.17,92,103/- payable to the petitioner for completed road formation work at Bandapalli layout-1, Chittoor.
2 provisions across 2 enactments
M/s Ananda Constructions, Rep. by its Managing Partner A. Sirish Kumar
The State of Andhra Pradesh, Rep. by Principal Secretary, Municipal Administration and Urban Development
The Director, Municipal Administration, State of Andhra Pradesh, Guntur
The District Collector (Municipal Corpn. Wing), Chittoor District
The Chittoor Municipal Corporation, Rep. by its Commissioner
The Executive Engineer, Municipal Corporation, Chittoor
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
