Contractor sought release of withheld second and final bill amounts for panchayat raj road reconstruction works. Counsel stated the claimed amount had been released during proceedings; the court closed the petition as infructuous, leaving interest claims open.
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IN THE HIGH COURT ORANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
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PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYAW
WRIT PETITION NO: 31382 OF 2023
Between:
rnnfrT.I?*' . Bhaskar Reddy. Aged about 52 years, Occ; Tirupati, Chittoor^Dlstrict^^'^^^^^’ Colony, Near Vikuntapuram,
...PETITIONER
AND
...RESPONDENTS
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 2'^'^ and Final bilf amount of Rs. 49,33.311/- (CFMS.No.20231556603) even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Reconstruction and Renewals of P.R. Roads in Solam Mandal ( 3 roads of length 15.57 km )(1. Kandur-Nimmanapalle road to Pegalavarepalle (via) Thamminayanipalle in Sodam mandal, 2. Somala Kalikiri road to Bandakindapalle via Mundirivaripalle in Somala mandal . 3.
rs?.
Somala - Kalikiri road to Sodam - Kalikiri road (via) valligatia & 79.^..Ctiinthamakulapalli up to Mandal border in Somala mandal.”,vide " *pe,errient No. 12/2020-21, dt.06.04.2020, is questioned,asthesame is rtSi 'i■X : f f|Mgal'iV arbitrary and consequently direct the respondents to consider for : balance amount of Rs. 49,33,311/- (CFMS.No.2023-1556603) @12% per annum for the delayed amount to the petitionerin respect of execution of above-mentioned work forthwith. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in thecircumstances 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. 49,33,311/- (CFMS.No.2023-1556603) even after finalizing the bills, payable to the petitioner in relation to the work i.e., “Reconstruction and Renewals of P.R. Roads in Somala Mandal ( 3 roads of length 15.57 km )(1. Kandur- Nimmanapalle road to Pegalavarepalle (via) Thamminayanipalle in Sodam mandal, 2. Somala - Kalikiri road to Bandakindapalle via Mundirivaripalle in Somala mandal 3. Somala - Kalikiri road to Sodam Kalikiri road (via) valligatia & 79A.Chinthamakulapalli up to Mandal border in Somala mandal.” ,vide Agreement No. 12/2020-21, dt.06.04.2020, forthwith, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI. SURESH KUMAR REDDY KALAVA
Counsel for the Respondent Nos.1 to 4: GP FOR PANCHAYAT RAJ
& RURAL DEV
Counsel for the Respondent No,5: GP FOR FINANCE
The Court made the following: ORDER
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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI
THE HON’BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.31382 of 2023
Between:-
G. Hemanth Reddy
.... Petitioner And The State of Andhra Pradesh, rep. by Principal Secretary, Panchayatraj 85 Rural Development and others .... Respondents
\
Counsel for the Petitioner iMr.Suresh Kumar Reddy Kalava Counsel for the Respondents: G.P. for Panchayatraj& Rural Development G.P. for Finance & Planning
ORDER:
. Aggrieved by the action of the respondents in withholding the payment of 2nd and final bill amount, totalling to Rs.49,33,311/-, in respect of the work executed by the
petitioner, the present Writ Petition is filed.
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forum in so far as the claim for interest is concerned.No order as to costs.
- Consequently, the Miscellaneous Applications pending, if any, shall also stand closed.
SDI- K. KASl RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
To,
‘s.
HIGH COURT
DATED: 03/01/2024
ORDER
WP.No.31382 of 2023
CLOSING THE W.P.
WITHOUT COSTS
1 issue framed by the court
Whether payment of the withheld second and final bill amount for road works should be directed to be released to the contractor
1 provisions across 1 enactments
G. Hemanth Reddy
The State of Andhra Pradesh, rep. by Principal Secretary, Panchayat Raj & Rural Development
The Chief Engineer, PR, Vijayawada, Krishna District
The Superintending Engineer, PR Circle, Chittoor
The Executive Engineer, PRI Division, P.I.U., Chittoor
Principal Secretary, Finance
Ninala Jayasurya
As recorded by the court registry
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