Disposed

G Hemanth Reddy v. the State of Ap

Andhra Pradesh HC2 Jan 2024WP/31344/2023

Case brief

AI extract

What is this about?

A contractor sought mandamus for release of a withheld second final bill of Rs.55,25,088/- for road reconstruction works in Pulicherla Mandal. Counsel stated the principal amount had been released; nothing survived and the writ petition was closed, leaving the petitioner free to pursue interest before an appropriate forum.

What did the court decide?

Petition closed as principal amount released; liberty to pursue claim for interest in appropriate forum; no costs.

G Hemanth Reddy Vs the State of Ap — Public Procurement and Tenders | Andhra Pradesh HC (2024)

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iK. tt-

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special OriginaUurisdiction)

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WEDNESDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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I
<br>

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THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

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WRIT PETITION NO: 31344 OF 2023

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Between:

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CWttoofDistr!rt°'^'^^^^^’G.Hemanth Reddy, S/o G. Bhaskar Reddy, NearAgedVikuntapuram,about 52 yearsTi’rupattOcc

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...PetSitioner

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AND

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The State of AP, Rep. by Principal Secretary. Panchayatraj^andRural Development, Secretariat Buildings, Velagapudi, Amaravathi

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The Chief Engineer, PR, Vijayawada, Krishna District.

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^ Dislr^t Engineer, Panchatayat Raj Circle. Chittoor,^Chittoor

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The Executive Engineer, PRI Division, P.I.U., Chittoor. Chittoor District.

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npLtSfint °/pAndhra Pradesh. Rep. by its Principal Secretary SS GurirS?

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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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of and final bill amount in Rs. 55.25,088/(CFMS.No.20231572735) even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Reconstruction and Renewals of P.R. Roads I Pulicherla Mandal Package I (3 roads of length 10.24 Km) (I.PPC road to met CKT road (via) Venkatadasarlapalle in Pulicherla Manal, 2. PPC Road to PPC road (via) Kotapalle HW in Pulicherla Mandal, 3. PPC Road to Pathapeta in

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Pulicherla mandal, vide Agreement No.6/2020-21, dt. 06.04.2020 is questioned, as the same is illegal, arbitrary and consequently^directthe '-■'V ^ ‘'V rq^^pr1de(its to consider for payment of balance amount of Rs. 55,25,088/(CF^i.N(|2023-1572735) with interest @12% per annum^{forthedelayed} , amouhtsto the petitioner in respect of execution of above-mentioned work . forthwith. lA NO: 1 OF 2023 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 consider for payment of balance amount of Rs. 55,25,088/- (CFMS.No.2023-1572735) even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Reconstruction and Renewals of P.R. Roads I Pulicherla Mandal Package I (3 roads of length 10.24 Km) (I.PPC road to met CKT road (via) Venkatadasarlapalle in Pulicherla Manal, 2. PPC Road to PPC road (via) Kotapalle HW in Pulicherla Mandal, 3. PPC Road to Pathapeta in Pulicherla mandal, vide Agreement Nb.6/2020-21, dt.06.04.2020, forthwith, pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI. SURESH KUMAR REDDY KALAVA

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Counsel for the Respondents 1 to 4: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT

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Counsel for the Respondent 5: GP 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 NINALA JAYASURYA

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WRIT PETITION No.31344 of 2023

Between:-

G. Hemanth Reddy

.... Petitioner

And

The .State of Andhra Pradesh, rep. by Principal Secretary, Panchayatraj & Rural Development and others

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.... Respondents

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Counsel for the Petitioner : Mr.SureshKumar Reddy Kalava Counsel for the Respondents: G.P. for Panchayatraj^& Rural Development G.P. for Finance & Planning

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ORDER:

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Aggrieved by the action of the respondents in withholding the payment of 2nd final bill amount, totalling to Rs.55,25,088/-, in respect of the work executed by the petitioner, the present Writ Petition is filed. 2) At the time of considering the matter, learned counsel for the petitioner states that the amount claimed by the petitioner with reference to the work executed by him^has been released.

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In view of the above submission made by the learned counsel for the petitioner, nothing survives for adjudication. Accordingly, the Writ Petition is closed. However,^thisorder

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will not preclude the petitioner to approach the appropriate forum in so far as the claim for interest is concerned. No order as to costs.

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Consequently, the Miscellaneous Applications pending. if any, shall also stand closed.

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To,

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SD/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// 'vjv SEC OFFICER

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One CC to SRI SURESH KUMAR REDDY KALAVA Advocate [OPUC]

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Two CCs to GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT High Court Of Andhra Pradesh. [OUT]

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Two CCs to GP FOR FINANCE AND PLANNING, High Court^OfAndhra Pradesh [OUT]

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Two CD Copies PMT(MBT)

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\ COURT *■ >) .\v} ■' •• ;i v' DATED : 03/01/2024

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ORDER

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WP.No.31344 of 2023

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CLOSING THE WP WITHOUT COSTS

G Hemanth Reddy v. the State of Ap

Case brief

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G Hemanth Reddy v. the State of Ap

Case brief

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What did the court decide?

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