Disposed

V J Thukaram v. the State of Andhra Pradesh

Andhra Pradesh HC18 Feb 2024WP/248/2024

Case brief

AI extract

What is this about?

Contractor sought payment of amounts withheld under M.Book No.110 for completed approach road works. Respondents conceded entitlement to net amount of Rs.4,63,187/- citing paucity of funds. Court disposed of the writ petition directing payment within three months on priority basis.

What did the court decide?

Respondents directed to pay net amount of Rs.4,63,187/- to petitioner within three months on priority basis; no costs.

V J Thukaram Vs the State of Andhra Pradesh — Municipal and Town Planning | 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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MONDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 248 OF 2024

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Between:

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V J Thukaram, S/o V.Janardhan, age 58 years, Occ. Contractor,^R/oH.No.2- 1273/le, Lakshmi Nagar Colony Road, B.V.Reddy Colony, Chittoor, Chittoor District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Velagapudi, Amaravathi.

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The Director, Municipal Administration, State of Andhra Pradesh Guntur.

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The District Collector(Muncipal Corpn. Wing), Chittoor^Districtat Chittoor.

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The Chittoor Municipal Corporation, Rep. by its^{Commissionerat} Chittoor, Chittoor District.

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The Executive Engineer, Municipal Corporation, Chittoor,^Chittoor District.

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning, Secretariat Amaravathi.

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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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-compliance of payment of Rs.5,07,390/- as per the M.Book No.110, dated 29-12-2022 including quality control holding amounts, for the works done by the petitioner for I submit that the respondent authorities identified the works particularly for formation of approach road at Murakambattu layout in Div.No.-01, Chittoor Municipal Corportion, Chittoor District as illegal, arbitrary, violation of principles of natural justice, contrary tothe Rules and Regulations there under and consequently direct the respondents to pay an amount of Rs.5,07,390/- as per the M.Book No.110, dated 29-12-2022. including quality control holding amounts.

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lA NO: 1 OF 2074

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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 release the funds through a proper channel for payment of Rs.5,07,390/- as per the M.Book No.110, dated 2912-2022, including quality control holding amounts, pending disposal of the writ petition.

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Counsel for the Petitioner(s): SRI. K V L NARASIMHA RAO

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Counsel for the Respondents 1 to 3 & 5 : GP MUNCIPAL ADMN AND URBAN DEV

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Counsel for the Respondent No.6 : GP FOR FINANCE &^PLANNING

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Counsel for the Respondent No.4 : SRI KALVA SURESH KUMAR, SC

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FOR MUNICIPALITY

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.248 of 2024

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V.J. Thukaram, S/o V. Janardhan, aged 58 years, Occ: Contractor, R/o H.No.2-1273/le, Lakshmi Nagar Colony Road, B.V. Reddy Colony, Chittoor, Chittoor District.

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... Petitioner

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Versus

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The State of Andhra Pradesh, Rep. by Principal Secretary, Municipal Administration 85 Urban Development, Secretariat Buildings, Velagapudi, Amaravathi and five others.

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... Respondents

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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

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ORDER

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This writ petition is filed to declare the action of respondents in withholding an amount of Rs.5,07,390/- payable to the petitioner in relation to execution of work i.e “formation of approach road at Murakambattu layout in Div.No.Ol”, as illegal and arbitrary.

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Page 2 of 4

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SRS, J W.P.No.248 of 2024

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The case of the petitioner is that inspite of completion^of the above work, as per M. Book No. 110, amount was not released. Hence, the writ petition.

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Heard Sri P. Samuel Sanjay, learned counsel representing Sri K.V.L.Narasimha Rao, learned counsel for the petitioner, Sri Anand Surya, learned counsel representing Sri K. Suresh^Kumar Reddy, learned standing counsel for respondent Nos.4^and5.

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Learned counsel for respondent Nos. 4 and 5, on instructions of Commissioner, Chittoor Municipal Corporation, would submit that petitioner is entitled to net amount of Rs.4,63,187/- (gross amount of Rs.5,07,390/-). He would^also submit that due to paucity of funds, amount was not paid to the petitioner and the amount will be paid within three^months.

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Learned counsel for the petitioner endorsed with regard^to the net amount payable to the petitioner.

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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

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Page 3 of 4

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SRS,J W.P.No.248 of 2024

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net amount of Rs.4,63,187/- to the petitioner, within a^periodof three months from today, on priority basis. No costs.

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As a sequel, pending miscellaneous petitions, if any,^shall stand dismissed.

//TRUE COPY//

SECT\0N

The Principal Secretary, Municipal Administration^andUrban Development. State of Andhra Pradesh. Secretariat Buildings. Velagapudi, Amaravathi.

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The Director, Municipal Administration, State of^{AndhraPradesh,} Guntur.

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The District Collector(Muncipal Corpn. Wing), Chittoor^Districtat

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Chittoor.

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The Commissioner. Chittoor Municipal Corporation,^{Chittoor,Chittoor} District.

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The Executive Engineer, Municipal Corporation, Chittoor,^Chittoor District.

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The Principal Secretary, Finance and Planning, State of Andhra Pradesh, Secretariat Amaravathi.

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One CC to SRI. K V L NARASIMHA RAO Advocate [OPUC]

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Two CCS to GP for MUNCIPAL ADMN AND URBAN 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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One CC to SRI KALVA SURESH KUMAR, SC for MUNICIPALITY [OPUC]

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Three CD Copies

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Madhu

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HIGH COURT

DATED:19/02/2024

ORDER

WP.No.248 of 2024

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DISPOSING THE WP WITHOUT COSTS

V J Thukaram v. the State of Andhra Pradesh

Case brief

What is this about?

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V J Thukaram v. the State of Andhra Pradesh

Case brief

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