Disposed

M/s Ananda Constructions v. the State of Andhra Pradesh

Andhra Pradesh HC18 Feb 2024WP/250/2024

Case brief

AI extract

What is this about?

Contractor sought release of payment withheld for forming an approach road at Bandapalli layout-2, Chittoor. Respondents acknowledged entitlement to a net amount and cited paucity of funds. The court disposed of the writ petition directing payment of Rs.16,73,985/- within three months.

What did the court decide?

Respondents to pay petitioner net amount of Rs.16,73,985/- within three months; no costs.

M/s Ananda Constructions Vs the State… — Public Procurement and Tenders | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (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: 250 OF 2024

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Between:

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M/s Ananda Constructions, Rep. by its Managing Partner A.Sirish Kumar S/o late Ananda Reddy, age 48 years, Occ- Contractor, R/o Varadarajulapalle Village, Mapakshi post, Chittoor^{MandalandDistrict.}

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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 Commissioner, 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.18,48,210/- as per the M.Book No.152, dated 29-12-2022, including quality control holding amounts, for the works done by the petitioner for formation of approach road at Bandapalli 2 layout (Jagananna colony), Chittoor Municipal Corportion, Chittoor District, as illegal, arbitrary, violation of principles of natural justice.

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r^.

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-'li

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contrary to the Rules and Regulations there under and consequently direct ■ - ■ No^srd^Slolo^"" fT"* R='8.48,210/- as per^he^{M S} NO.I52, dated 29-12-2022, including quality control holding amounts.

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lA NO: 1 OF 2074.

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stated fnlhe affidf r ‘h® circumstances s atedm the affidavit filed in support of the petition, the High Court mav be rha^rfnl ° ^®=P°"dents to release the funds through a p%pe® 12 2022 LKT® °f R® '8-*8,210/-as per the M.Book No.l52^{dated2^} writ petition ® amounts, pending disposal of the

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Counsel for the Petitioner(s): SRI. K V L NARASIMHA RAO Counsel for the Respondent Nos.1 to 3 & 5- GP FOR MUNCIPAL ADMN URBAN DEV KAyAW®! SURESH KUMAR REDDY tvALAVA SC FOR MC

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Counsel for the Respondent N0.6: GO FOR FINANCE AND PLANNING 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.250 of 2024

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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.

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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 & 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 f respondents in withholding an amount of Rs. 18,48,210/payable to the petitioner in relation to execution of work i.e “formation of approach road at Bandapalli layout-2 (Jagananna ( Colony)”, as illegal and arbitrary. /

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Page 2 of 4

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SRS,j W.P.No.250 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. 152, 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 Suiya, 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 the petitioner is entitled to net^amount of Rs.16,73,985/- (gross amount of Rs.18,48,210/-). He^wouldalso 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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SRSJ W.P.No.250of2024

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net amount of Rs. 16,73,985/- to the petitioner, within a period, of three months from today, on priority basis. No costs.

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

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//TRUE COPY//

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Sd/- M. SRINIVAS ASSISTANT REGISTRAR

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To,

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Section OFFICER

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1. The PFihcipal 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 District at Chittoor.

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The Commissioner,Chittoor Municipal Corporation, Chittoor, Chittoor uisirici.

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The Executive Engineer, Municipal Corporation, Chittoor, Chittoor district

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The Principal Secretary, Finance and Planning, 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 URBAN DEV ,High^CourtOf Andhra Pradesh. [OUT]

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Two CCs for GP For Finance and Planning, High Court of Andhra Pradesh at Amaravathi.[OUT].

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One CC to Sri Suresh Kumar Reddy Kalava, SC for MC[OPUC].

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Three CD Copies

<• ••

HIGH COURT

DATED:19/02/2024

ORDER

WP.No.250 of 2024

DISPOSING OF THE WP WITHOUT COSTS

M/s Ananda Constructions v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/s Ananda Constructions v. the State of Andhra Pradesh

Case brief

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What did the court decide?

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