Allowed

Rongali Gangathalli v. State of Andhra Pradesh

Andhra Pradesh HC11 Mar 2024WP/2850/2024

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh disposed of a writ petition filed by a contractor seeking direction to release unpaid amounts for school repair and construction works. The court directed the State Project Director to release an admitted sum of Rs. 7,36,704/ within three months.

What did the court decide?

Directed respondent No. 3 to release Rs. 7,36,704/- to the petitioner as expeditiously as possible, within three months from the date of receipt of the order.

Rongali Gangathalli Vs State of Andhra… — 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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TUESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 2850 OF 2024

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Between:

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Rongali Gangathalli, S/o. Rongali Naru Naidu, Aged 49 years, Occ Contractor, R/o. H.No. 5-131, Near Ramalayam, K. Kotapadu Village, K. Kotapadu Mandal, Anakapalli District.

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...PETITIONER

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AND

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State of Andhra Pradesh, Rep. by its Principal Secretary School Education Department, Secretariat, Velagapudi, Amaravathi,^Thullur Mandal, Guntur District.

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State of Andhra Pradesh, Rep. by its Principal Secretary Finance Department, Secretariat, Velagapudi, Amaravathi, ThullurMandal Guntur District.

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The State Project Director, SamagraSiksha, Andhra Pradesh Amaravati.

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The Commissioner, School Education Department, A.P. Samagra Shiksha, Vijayawada.

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The Chief Engineer, Samagra Shiksha, High School Road, Patamata Vijayawada.

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The District Collector and Chairman, Andhra Pradesh SamagraSiksha (APSS) Visakhapatnam District, Visakhapatnam.

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The District Educational Officer and Ex-Officio District Project Coordinator, Andhra Pradesh SamagraSiksha (APSS) Visakhapatnam.

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The Additional Project Co-Ordinator, Andhra Pradesh SamagraSiksha (APSS) Visakhapatnam

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Executive Engineer, Andhra Pradesh SamagraSiksha, (APSS) Visakhapatnam, Visakhapatnam District.

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The Project Officer, Andhra Pradesh SamagraSiksha, (APSS) Visakhapatnam District, Visakhapatnam.

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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 a Writ, Order, or Direction more particularly^one in the nature of WRIT OF MANDAMUS or any other appropriate^{writordirection} declaring the action of the respondents in not releasing the payments for the works i.e., i) Providing Major Repairs to MPPS Patha Adivivaram Village in Chinagadili Mandal Visakhapatnam District for an amount of Rs. 1,87,617/-, ii)Construction of Additional Class rooms to MPPS Rajiv GruhaKalpa Colony in Chinagadili Mandal, Visakhapatnam District for an amount of Rs. 1,57,607/and iii) Construction of ACR to APSWR Junior College in Meghadrigedda in Chinagadili Mandal, Visakhapatnam District for an amount of Rs. 3,97,824/- totaling an amount of Rs. 7,43,048/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 7,43,048/- for the above said works executed by the petitioner.

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•n 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 respondents to consider for payment^ofamount of Rs. 7,43,048/- for the works executed by the petitioner i.e., i) Providing Major Repairs to MPPS Patha Adivivaram Village in Chinagadili Mandal, Visakhapatnam District for an amount of Rs. 1,87,617/-, ii) Construction of Additional Class rooms to MPPS Rajiv GruhaKalpa Colony in Chinagadili Mandal, Visakhapatnam District for an amount of Rs. 1,57,607/- and hi) Construction of ACR to APSWR Junior College in Meghadrigedda in Chinagadili Mandal, Visakhapatnam District for an amount^{ofRs.3,97,824/-} totaling an amount of Rs. 7,43,048/- forthwith, pending disposal of the main Writ Petition.

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Counsel for the Petitioner(s): SRI. RAMBABU KOPPINEEDI Counsel for the Respondent No.1 & 4: GP FOR SCHOOL^EDUCATION Counsel for the Respondent No.2: GP FOR FINANCE AND^PLANNING Counsel for the Respondent Nos.3 to 10: SMT R SUDHA^RANI The Court made the following: ORDER

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/•

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APHC010046172024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333] (Special Original Jurisdiction)

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TUESDAY ,THE TWELFTH DAY OF MARCH

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO; 2850/2024

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Between:

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...PETITIONER Rongali Gangathalli

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AND

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State Of Andhra Pradesh and Others

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...RESPONDENT{S)

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The Court made the following:

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ORDER:

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The present Writ Petition came to be filed under Article 226 of

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the Constitution of India seeking the following relief:-

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"... to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e., i) Providing Major Repairs to MPPS PathaAdivivaram Village in Chinagadili Mandal, Visakhapatnam District for an amount of Rs.1,87,617/-, ii) Construction of Additional Class rooms to MPPS Rajiv GruhaKalpa Colony in Chinagadili Mandal, Visakhapatnam District for an amount of Rs.1,57,607/- and Hi) Construction of ACR to APSWR Junior College in Meghadrigedda in Chinagadili Mandal, Visakhapatnam^District for an amount of Rs.3,97,824/ totaling an amount of Rs.7,43,048/ as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 7,43,048/- for the above said works executed by the petitioner ”

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Heard learned counsel for the petitioner and learned counsel appearing for the respondents.

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Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court.

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. \

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At the time of hearing, the learned Standing Counsel for Samagra Shiksha, has submitted a copy of instructions of the Additional Project Coordinator, Samagra Shiksha Visakhapatnam, vide Lr.Rc.No./APSS/VSP/2023, dated 05.03.2024, wherein it is stated that

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f ’(

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the State Project Director, AP Samagra Shiksha, Visakhapatnam^District has released an amount of Rs. 1,81,273/- on 27.02.2024, Rs. 1,57,607/on 26.02.2024 and Rs.3,97,824/- on 17.02.2024 (totaling^anamountof Rs.7,36,704/-) to the petitioner, which fact was also admitted by the learned Government Pleader for Finance & Planning.

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In view of the above written instructions, the ends of justice would be met, if respondent No.3 is directed to release the admitted amount of Rs.7,36,704/- to the petitioner.

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Accordingly, the writ petition is disposed of directing the 3''^ respondent-state Project Director to release the amount of Rs.7,36,704/(Rupees Seven Lakhs thirty six thousand seven hundred and four only), as admitted by the Additional Project Coordinator, A.P. Samagra Shiksha, Visakhapatnam in his letter vide Rc.No./2022-23/APSS/VS P, dated 03.02.2024 to the petitioner as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. No costs.

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Miscellaneous petitions pending, if any, in this Writ^{Petitionshall} stand closed.

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Sd/- B. PRASADA RAO ASSISTANT REGISTRAR

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//TRUE COPY//

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To,

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Principal Secretary School Education Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.

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Principal Secretary Finance Department, Secretariat, Velagapudi, Amaravathi, ThullurMandal, Guntur District.

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The State Project Director, Samagra Siksha, Andhra Pradesh, A ^ ^ j.:

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The Commissioner, School Education Department, A.P. Samagra Shiksha, Vijayawada.

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The Chief Engineer, Samagra Shiksha, High School Road,^Patamata, Vijayawada.

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The District Collector and Chairman, Andhra Pradesh SamagraSiksha (APSS) Visakhapatnam District, Visakhapatnam.

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The District Educational Officer and Ex-Officio District Project Coordinator, Andhra Pradesh SamagraSiksha (APSS) Visakhapatnam.

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The Additional Project Co-Ordinator, Andhra Pradesh SamagraSiksha (APSS) Visakhapatnam

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Executive Engineer, Andhra Pradesh SamagraSiksha, (APSS) Visakhapatnam, Visakhapatnam District.

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The Project Officer, Andhra Pradesh SamagraSiksha, (APSS), Visakhapatnam District, Visakhapatnam.

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One CC to Sri. Rambabu Koppineedi Advocate [OPUC] 12. Two CCs to GP For School Education ,High Court Of Andhra Pradesh. [OUT]

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Two CCs to GP FOR Finance and Planning, High Court^of Andhra Pradesh. [OUT].

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One CC to Smt R Sudha Rani, Advocate [OPUC]. 15. Three CD Copies

HIGH COURT

DATED; 12/03/2024

ORDER

WP.No.2850 of 2024

o
5 2 0 JAN 2C:5
^ Current Section .

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DISPOSING OF THE WP WITHOUT COSTS

Rongali Gangathalli v. State of Andhra Pradesh

Case brief

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Rongali Gangathalli v. State of Andhra Pradesh

Case brief

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