Disposed

Heights Communications (India) Private Limited v. the State of Ap

Andhra Pradesh HC3 Apr 2024WP/27859/2023

Case brief

AI extract

What is this about?

Advertisement agency sought payment of an outstanding bill of Rs.63,84,263/- for publications on 'Jalasiriki Harathi'. The State admitted the claim but cited a pending Audit Para. The Court directed release of the amount with 6% interest within three months, leaving higher interest claims open.

What did the court decide?

Direction to respondents to pay Rs.63,84,263/- with 6% per annum interest within three months; liberty to claim higher interest elsewhere.

Heights Communications (India)… — 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 FOURTH DAY OF APRIL 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: 27859 OF 2023

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Between:

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M/s Heights Communications (India) Private Limited, rep., by it's Manager, Kurasala Sivanarayana, S/o. Krishna Rao, Aged about 42 years. Branch office at Vijayawada, Head Office at F-104, Tejaswi Apartment, Dwarakapuri Colony, Panjagutta, Hyderabad

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep., by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The Principal Secretary, Water Resources Department,^Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The special Chief Secretary to Government, Water^Resource Department, Secretariat Buildinngs, Velagapudi, Amaravathi,^Guntur District.

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The Commissioner, Information and Public Relations Department, NTR Administrative Block, 2 floor, Pandit Nehru Bus Station, Vijayawada.

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5. The Engineer-in-Chief, Resource Department, Vijayawada

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying^thatin the circumstances stated in the affidavit filed therewith,^{theHighCourtmay} be pleased to issue an appropriate order or direction^{moreparticularlyone} in the nature of Writ of Mandamus declaring the inaction^{onthepartofthe} respondents in paying outstanding bills for an amount^{oftheinactiononthe} part of the respondents in paying outstanding bills for an amount of Rs.63,84,263 /- for publication of Advertisement in^{Newspapersonthe} occasion of ‘JalasirikiHarathi on 15-09-2018’ through Release order No.013/Display Agency-PP/Advt.l/2018-19/2, dated 14-09-2018 eventhough the same was published successfully in the^Newspapersas illegal, arbitrary and quite contrary to the well established^{legalprinciples} apart from being violative of the fundamental rights^guaranteed to him under Articles 14, 19 and 21 of the Constitution of^{Indiaandconsequently} direct the respondents to pay an amount of Rs.63,84,263^{/-forpublication} of Advertisement in News papers on the occasion of^{‘JalasirikiHarathion} 15-09-2018’ through Release order No.013/Display AgencyPP/Advt.l/2018-19/2, dated 14-09-2018 forthwith.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to direct the respondents to pay an amount^{ofRs.63,84,263/-for} publication of Advertisement in News papers on the occasion of JalasirikiHarathi on 15-09-2018 through Release order No.013/Display Agency-PP/Advt.l/2018-19/2, dated 14-09-2018, pending^disposal of the above Writ Petition.

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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 grant leave to the Respondent No. 5 in the^Writ Petition No. 27859 of 2023 to file counter affidavit in the above writ petition.

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Counsel for the Petitioner(s): SRI P V N KIRAN KUMAR

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Counsel for the Respondent No.1 : GP FOR FINANCE PLANNING

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Counsel for the Respondents 2, 3 & 5 : GP FOR IRRIGATION^&CAD

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Counsel for the Respondent No.4 : GP FOR GENERAL ADMINISTRATION The Court made the following: ORDER

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No.27859 of 2023

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ORDER:

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The petitioner had been awarded the contract of various^works under subject scheme in NTR District. After execution of the said contract, a final bill was prepared for a sum of Rs.63,84,263/- as per the sanctioned orders. As the payment of the said amount^hasnot been made by the respondents, the petitioner has approached^this Court by way of this writ petition.

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled^for payment^of the aforesaid sum of money, no payment is being made. The^petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.

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This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021^{inW.P.No.10038} of 2021 and batch had taken the view that such non-payment^ofdues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

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On the other hand, learned Government Pleader for Irrigation while admitting about the claim of the petitioner filed^{acounterbythe}

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5th respondent. He would submit that the Government have issued memo to the Engineer-in-Chief (I.W), Vijayawada dated 16.03.2023 wherein the Engineer-in-Chief, Vijayawada was requested to prioritize and incur the expenditure for paying the advertisement^bills in the budget expenditure BE 2023-24. Accordingly, the Engineer-in-Chie f, Vijayawada has again requested the Principal Secretary to Government, Water Resources Department, A.P. to kindly^addressthe Finance Department for sanction of Additional funds under the Head of Account:2700-80-001-00-01-260-261 duly adding the^sameHOA to the DDO code 05411209002 (ENC Admn) vide letter dated 16.05.2023. It is further submitted that the Government is the only competent authority to sanction the additional funds. After receiving the Additional funds from the Government, the payment for the outstanding bill amount of Rs.63,84,263/-to M/s Heights Communications India Pvt Ltd will be made. 5. It is humbly submitted that the respondents did not stop payment of the petitioner and only happened due to not dropping of pending Audit Para on this work. After dropping of the Audit Para by the Public Accounts Committee, appropriate action for making the payments of pending bills i.e., release of Further Security Deposit (FSD) will be taken.

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In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Irrigation this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.63,84,263/- to the petitioner, along with the interest @ 6/o per annum, in view of the judgment of the Hon’ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of three (03) months from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for higher rate of interest and due amount, if any, payable by the respondents, in an appropriate forum. 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/- U. SRIDEVI ASSISTANT REGISTRAR SECTIOf^O^FICER

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To,

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