Disposed

G Raveendra Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC18 Apr 2024WP/2922/2024

Case brief

AI extract

What is this about?

The Court directed the release of Rs. 4,44,227/- as an approved bill for desilting work, along with interest at 6% per annum, citing previous judgments declaring such non-payment arbitrary. The writ petition was disposed of with this direction, allowing the petitioner to agitate claims for higher interest separately.

What did the court decide?

Direction to release Rs. 4,44,227/- along with 6% p.a. interest within 6 weeks.

G Raveendra Reddy Vs The State of… — 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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FRIDAY, THE NINETEENTH 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: 2922 OF 2024

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Between:

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G Raveendra Reddy, S/o. Balarami Reddy Age 60 years, R/o. Molakalapudi Village Chittamur Mandal, SPSR Nellore District

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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 CAD Department, Secretariat Velagapudi, Amaravati,^Guntur District.

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The Principal Secretary, Finance and Planning Department Government of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur^District.

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The Engineer - in-Chief, Irrigation and CAD Department Vijayawada, NTR District.

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The Commissioner, CADA, Andhra Pradesh Vijayawada,^NTRDistrict

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The Executive Engineer, W.R.D, Nellore South Division Gudur, Tirupati 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 a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying bill amount of Rs. 4,44,227/- towards the work executed by the petitioner i.e O & M - Category A - 2020-21 (Khariff) - Desilting in the bed of Puderu Big Tank Field Channels in Puderu (V) in Naidupet (M) of SPSR Nellore District under Agreement No. 17 DN/2020-21, Dated 21.09.2020, in spite of approval, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bill amount along with interest to the petitioner in the interest of justice.

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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 pay bill amount of Rs. 4,44,227/towards the work executed by the petitioner i.e O and M - Category A 2020-21 (Khariff) - Desilting in the bed of Puderu Big Tank Field Channels in Puderu (V) in Naidupet (M) of SPSR Nellore District under Agreement No. 17 DN/2020-21, Dated 21.09.2020, pending disposal^{oftheabovewrit} petition in the interest of justice.

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

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Counsel for the Respondents 1, 3 to 5 : GP FOR IRRI^ANDCAD

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Counsel for the Respondent No.2 : GP FOR FINANCE &^PLANNING

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No.2922 of 2024

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ORDER:

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The petitioner had been awarded the contract of work(s)^underthe subject scheme in SPSR Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.4,44,227/- as per the sanctioned orders. As the payment of the said amount has not 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^ofalearned Single Judge of this Court dated 05.10.2021 in W.P.No. 10038 of 2021 and batch had taken the view that such non-payment of dues 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 placed on record instructions received from the Executive Engineer, Gudur dated

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% .

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28.03.2024 . He would submit that LOC is not allotted to the said^works, after release of the LOC the bills will be submitted to payment.

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In view of the aforesaid directions of this Court in various cases of learned counsel for the petitioner, and after hearing the submissions Pleader for Irrigation this Writ Petition is disposed learned Government release the amount of of with a direction to the respondents to Rs.4,44,227/- to the petitioner, along with the interest^@6%per annum. of the Hon^ble Division Bench of this Court in in view of the judgment batch dated 12.10.2023, within a period Writ Appeal No.724 of 2021 and of this order. It would weeks from the date of receipt of a copy of six (06) his claim for higher rate of also be open to the petitioner to agitate appropriate forum. interest, if any payable by the respondents, in an There shall be no order as to costs.

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Consequently , Miscellaneous Petitions, if any, pending in this Writ

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Petition shall stand closed.

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//TRUE COPY//

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SD/- G.HELANAIDU assistant registrar — SECTION OFFICER

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To,

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