Disposed

G. Hemanth Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC2 Jan 2024WP/31352/2023

Case brief

AI extract

What is this about?

A contractor sought mandamus against withholding of his IP and final bill payments for rural road works. Counsel stated the principal amount had been released; nothing survived and the writ petition was closed, leaving interest claims open.

What did the court decide?

No relief granted beyond noting release of the claimed amount; petitioner left free to pursue interest claim before appropriate forum; miscellaneous applications closed.

G. Hemanth 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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WEDNESDAY. THE THIRD DAY OF JANUA TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 31352 OF 2023

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Between:

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G. Hemanth Reddy, , S/o. G. Bhaskar Reddy, Aged about 52 years, Occ; Contractor, R/o.7-128/2, Srinagar Colony, Near Vikuntapuram, Tirupati, Chittoor District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by Principal Secretary, Panchayatraj & Rural Development, Secretariat Buildings, Velagapudi, Amaravathi.

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The Chief Engineer, PR, Vijayawada, Krishna District.

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The Superintending Engineer, Panchatayat Raj Circle, Chittoor, Chittoor District.

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The Executive Engineer, PRI Division, P.I.U.. Chittoor, Chittoor District. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary. Department of Finance & Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur 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 OF MANDAMUS or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of IP'' and final bill amount in Rs. 24,67,464/- (CFMS.No.20231564756) even after finalizing the bills, payable to the petitioner in relation

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to the work i.e., “Reconstruction and Renewals of P.R. Roads in Somala & Chowdepalle mandals (2 roads of length 12.39 km) (1. Pedda Upparapalle road to Annemgaripalle via TM Gollapalle in Somala mandal, 2). PPG Road to K.©. Road (via) Kondaiahgaripalle, Odulapeta in Chowdepalle Mandal, vide Agreement No./2020-21, dt.06.04.2020. is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs. 24,67,464/- (CFMS.No.2023-15647 56) with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work 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 fiied in support of the petition, the High Court may be pleased please to direct the respondents to consider for payment of balance amount of Rs. 24,67,464/- (CFMS.No.2023-1564756) even after finalizing the bills, payable to the petitioner in relation to the work I.e.i Reconstruction and Renewals of P.R. Roads i n Somala & Chowdepalle mandals (2 roads of length 12.39 km) (1. Pedda Upparapalle road to Annemgaripalle via TM Gollapalle in Somala mandal, 2). PPC Road to K.C. Road (via) Kondaiahgaripalle. Odulapeta in Chowdepalle Mandal, vide Agreement No. / 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 Counsel for the Respondent Nos. 1 to 4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT

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Counsel for the Respondent No.5: GP FOR FINANCE & 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.31352 of 2023

Between

G. Hemanth Reddy

,... Petitioner

And

The State of Andhra Pradesh, rep. by Principal Secretary, Panchayatraj 86 Rural Development and others .... Respondents

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: Mr.SureshKumar Reddy Kalava

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Counsel for the Petitioner : Mr.SureshKumar Reddy Counsel for the Respondents: G.P. for Panchayatraj⁸⁶ Rural Development G.P. for Finance 86 Planning

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ORDER:

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. Aggrieved by the action of the respondents in withholding the payment of 3^^ and final bill amount,^totalling

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to Rs.24,67,464/-, in respect of the work executed^bythe

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petitioner, the present Writ Petition is filed.

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At the time of considering the matter, learned counsel

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

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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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//TRUE COPY//

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Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR /^ECTIC^i^^FICER

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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 & Planning. High Court of Andhra Pradesh. [OUT]

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Three CD Copies.

pmt

HIGH COURT

DATED:03/01/2024

ORDER

WP.No.31352 of 2023

CLOSINGTHE WRIT PETITION WITHOUT COSTS

G. Hemanth Reddy v. The State of Andhra Pradesh

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G. Hemanth Reddy v. The State of Andhra Pradesh

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