Disposed

E Prakash Babu v. the State of Andhra Pradesh

Andhra Pradesh HC14 Feb 2024WP/2512/2024

Case brief

AI extract

What is this about?

A contractor sought refund of withheld amount and earnest money deposit under Neeru-Chettu Programme works. The Government Pleader admitted the claim; the court directed payment of Rs. 1,76,445 with 6% interest within six weeks, rising to 12% on default.

What did the court decide?

Respondents directed to pay Rs. 1,76,445/- with 6% interest per annum within six weeks; 12% per annum thereafter till actual payment.

E Prakash Babu Vs the State of Andhra… — Public Procurement and Tenders | 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 FIFTEENTH DAY OF FEBRUARY

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 2512 OF 2024

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Between:

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E Prakash Babu, (as per Aadhar Card, Uppalapati Prakash Babu), S/o. Ediga Venkata Ramana, aged 36 years, R/o. 7-2-40-2, Nehru Nagar, Dhone Mandal, Kurnool District, Andhra Pradesh 518 222.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and Water Resources Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

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The District Collector, Kurnool District, Kurnool.

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The Engineer-in-Chief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District.

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The Superintendent of Engineer, Irrigation Circle, Kurnool, Kurnool District.

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The Executive Engineer, Water Resources Department, M I Works Division, Kurnool District.

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The Deputy Executive Engineer, Minor Irrigation Works Sub-Division Dhone, Kurnool District.

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The State of Andhra Pradesh, Rep. by Principal Secretary,^Finance Department, Secretariat Buildings, Velagapudi, Amaravati,^Guntur District.

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The Pay and Accounts Officer, Work Accounts, Kurnool, Kurnool 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 order, writ or direction more particularly^one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not releasing the refund of 7.5% of Withheld Amount (WHA) of Rs. 1,28,445/- and 2.5% of Earnest Money Deposit (EMD) amount of Rs.48,000/-, totaling an amount of Rs.1,76,445/- including interest even after completion of defect liability period, refund payable to the petitioner in pursuance of agreements under Neeru-Chettu Programme^{enteredintowith} the 5th Respondent with Measurement Book Numbers vide^2740Mland MB 2744, as being illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to pay the said Withheld Amount (WHA) and Earnest Money Deposit (EMD) to the petitioner including interest.

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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 release the 7.5%^{ofWithheldAmount} (WHA) of Rs.1,28,445/- and 2.5% of Earnest Money Deposit (EMD) amount of Rs.48,000/-, totaling an amount of Rs.1,76,445/in pursuance of

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agreements under Neeru-Chettu Programme entered into with the 5th Respondent with Measurement Book Numbers vide 2740^MlandMB2744 including interest pending disposal of the main writ^petition.

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Counsel for the Petitioner(s): SRI. RAMESH BABU TATAPUDI

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Counsel for the Respondents 1,3 to 6 : GP FOR IRRIGATION^ANDCAD

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Counsel for the Respondents 7 & 8 : GP FOR FINANCE^&PLANNING

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Counsel for the Respondent No.2 : GP FOR REVENUE

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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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(Special Original Jurisdiction)

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[3329 ]

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THURSDAY ,THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 2512 OF 2024

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Between:

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E PRAKASH BABU, (as per Aadhar Card, Uppalapati Prakash Babu), S/o. Ediga Venkata Ramana, aged 36 years, R/o. 7-2-40-2, Nehru Nagar, Dhone Mandal, Kurnool District, Andhra Pradesh 518^222.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Irrigation and Water Resources Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

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The District Collector, Kurnool District, Kurnool.

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The EngineerinChief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District.

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The Superintendent of Engineer, Irrigation Circle, Kurnool, Kurnool District.

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The Executive Engineer, , Water Resources Department,^M I Works Division, Kurnool District.

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The Deputy Executive Engineer, Minor Irrigation Works^{Sub-Division,} Dhone, Kurnool District.

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The State of Andhra Pradesh, Rep. by Principal Secretary,^Finance Department, Secretariat Buildings, Velagapudi, Amaravati,^{GunturDistrict.}

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The Pay and Accounts Officer, Work Accounts, Kurnool,^{KurnoolDistrict.}

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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 topleased to issue order, writ or direction more particularly one in the^natureofWRIT OF MANDAMUS declaring the action of the Respondent Authorities in not releasing the refund of 7.5 percent^ofWithheld Amount (WHA) of Rs.1,28,445/- and 2.5 percent of Earnest Money Deposit (EMD) amount of Rs.48,000/-, totaling an amount of Rs. 1,76,945/- including interest even after completion of defect liability period, refund payable to the petitioner^{inpursuanceof} agreements under Neeru-Chettu Programme entered into^withthe 5th Respondent with Measurement Book Numbers vide 2740^Ml and MB 2744, as being illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to pay the said Withheld Amount (WHA) and^Earnest Money Deposit (EMD) to the petitioner including interest^and to pass

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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 pleased to direct the respondents to release the 7.5PERCENT of Withheld Amount (WHA) of Rs.1,28,445/- and 2.5PERCENT of Earnest Money Deposit (EMD) amount of Rs.48,000/-, totaling an amount of Rs.1,76,445/in pursuance of agreements under Neeru-Chettu Programme entered into with the 5th Respondent with Measurement Book Numbers vide 2740 Ml and MB 2744 including interest pending disposal of the main writ petition and to pass

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Counsel for the Petitioner(s): SRI. RAMESH BABU TATAPUDI

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Counsel for the Respondents: GP FOR IRRIGATION AND^CAD (AP)

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The Court made the following:

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This writ petition under Article 226 of Constitution^ofIndia is filed to issue writ of mandamus, declaring the action of respondents in withheld payments of bill, payable to the petitioner^inrelationto the execution of work under the subject scheme, as illegal, arbitrary and contrary to the principles of natural justice.

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It is the case of the petitioner that the petitioner^hasexecuted the work under the subject scheme, the respondents^havingbeen satisfied with the execution of works, prepared the bills, but the amount was not paid, for different reasons.

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During hearing, learned Government Pleader for Irrigation would submit that the respondents have admitted the^claimofthe petitioner. Soon after the release of the budget by^{thegovernment,the} payment will be made to the petitioner.

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In view of the submissions made by the learned Government Pleader, the respondents are directed to clear the bill amount of Rs. 1,76,445/- to the petitioner, along with the interest^@6%per annum, in view of the judgment of the HonT)le Division^Benchofthis Court in Writ Appeal No.724 of 2021 and batch dated^12.10.2023, within a period of six (06) weeks from the date of^{receiptofacopyof}

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this order, failing which the bill amounts will carry interest @ 12% per annum, till the actual payment of the amount to the petitioner.

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With the above directions, the Writ Petition is disposed of, without touching the merits, as to the maintainability of the writ petition. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending^inthis Writ Petition shall stand closed.

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//TRUE COPY//

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Sd/- K. TATA RAp DEPUTY REGIST^i^ \

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SECTION OFFICER

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To.

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The Principal Secretary, Irrigation and Water Resources Department, State of Andhra Pradesh, Secretariat Buiidings, Velagapudi, Amaravati, Guntur District.

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The District Collector, Kurnool District, Kurnool.

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The Engineer-in-Chief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District.

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The Superintendent of Engineer, Irrigation Circle,^{Kurnool,Kurnool} District. I Works

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The Executive Engineer, Water Resources Department,^M Division, Kurnool District.

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The Deputy Executive Engineer, Minor Irrigation Works^{Sub-Division,} Dhone, Kurnool District.

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The Principal Secretary, Finance Department, State^{of AndhraPradesh} Secretariat Buildings, Velagapudi, Amaravati, Guntur^District.

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The Pay and Accounts Officer, Work Accounts, Kurnool,^Kurnool District.

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One CC to SRI. RAMESH BABU TATAPUDI Advocate [OPUC] 10. Two CCs to GP for IRRIGATION AND CAD, 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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Two CCs to GP for REVENUE, High Court of Andhra Pradesh.

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[OUT]

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Three CD Copies

Madhu

HIGH COURT

DATED:15/02/2024

ORDER

WP.No.2512 of 2024

a
V

DISPOSING THE WP WITHOUT COSTS

E Prakash Babu v. the State of Andhra Pradesh

Case brief

What is this about?

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E Prakash Babu v. the State of Andhra Pradesh

Case brief

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