Disposed

Gadiraju Venkata Satyanarayana Raju v. the State of Andhra Pradesh

Andhra Pradesh HC19 Sept 2024WP/3206/2024

Case brief

AI extract

What is this about?

A contractor sought unpaid dues for housing site levelling and earthwork executed for the Andhra Pradesh State Housing Corporation. The Corporation admitted Rs.2,93,270/- was payable; the Court directed its release with 6% interest within two months, allowing pursuit of higher interest elsewhere.

What did the court decide?

Release of Rs.2,93,270/- with 6% per annum interest within two months; no order as to costs; pending miscellaneous petitions closed.

Gadiraju Venkata Satyanarayana Raju… — Contract and Commercial Disputes | Andhra Pradesh HC (2024)

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/"I

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

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FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER 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: 3206 OF 2024

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Between:

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Gadiraju Venkata Satyanarayana Raju, S/o Gadiraju Satyanarayana Raju, age 51 years, Occ Contractor and Business, R/o H.No.17-6, Gandhi Nagar, Undi Mandal, West Godavari District

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...PETITIONER

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AND

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The State Of Andhra Pradesh, Rep. by Principal Secretary, Housing Department, Secretariat, Velagapudi, Amaravathi.

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The Andhra Pradesh State Housing Corporation, Limited, Rep. by its Managing Director, Vijayawada.

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The District Collector Executive Director, AP.State Housing Corporation Ltd., West Godavari District, Bhirnavaram.

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The District Head Project Director,, AP.State Housing Corporation Ltd. West Godavari District, Bhirnavaram.

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The Divison Head Executive Engineer, AP.State Housing Corporation, Bhirnavaram Division, Bhirnavaram, West Godavari District.

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The State of Andhra Pradesh, , Rep. by its Principal Secretary, Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi.

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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 an appropriate Writ, Order or direction^{moreparticularly} one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of Rs.3,79,776/as per the M.Book NO.89/2022-23/APSHCL, including holding amounts with interest, for the works done by the petitioner for second dose levelling^{ofhousesiteswith} earth work excavation/with selected earth at NPI layout at near High School Bit-1 in RS.No.690/IA in Undi Village and Mandal, West^{GodavariDistrict,as} illegal, arbitrary, violation of principles of natural justice, contrary to the Rules and Regulations contemplated there under and consequently^direct the respondents to pay an amount of Rs.3,79,776/under M.Book NO.89/2022-23/APSHCL, including holding amounts with^interest.

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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 release the funds through a proper channel for payment of Rs.3,79,776/-as per the M.Book No.89/202223/APSHCL, including holding amounts with interest, pending disposal of the writ petition.

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Counsel for the Petitioner(s): SRI. K V L NARASIMHA^RAO

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Counsel for the Respondent Nos.1,3: GP FOR HOUSING

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Counsel for the Respondent No.6: GP FOR FINANCE AND^PLANNING

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Counsel for the Respondent Nos.2,4,5: SRI E V JAGANNADHA^RAO

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The Court made the following: ORDER

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APHC010055842024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER 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: 3206/2024

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Between:

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Gadiraju Venkata Satyanarayana Raju ...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner;

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1.K V L NARASIMHA RAO

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Counsel for the Respondent(S);

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1,E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP^LTD) 2.GP FOR FINANCE PLANNING

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3.GP FOR HOUSING

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The Court made the following;

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ORDER:

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in West 1. The petitioner had been awarded the contract of work(s) Godavari District. After execution of the said contract, a final^bill was prepared for a sum of Rs.3,79,776/- 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 Rs.2,93,270/-, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring^{theinterferenceofthis} Court. 3. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038^{of2021andbatchhad} taken the view that such non-payment of dues is arbitrary^{andthatsuchdues} need to be cleared by the respondents at the earliest.

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On the other hand, learned Standing Counsel for the^{AndhraPradesh} State Housing Corporation Limited (APSHCL) placed on record the written instructions received from the Managing Director, APSHCL, Vijayawada dated 18.09.2024 admitting amount of Rs.2,93,270/- payable to the petitioner. But, the subject bill was not uploaded for payment. Soon after uploading of the bill, an amount of Rs.2,93,270/- will be paid to the petitioner.

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In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner and learned Standing Counsel for the APSHCL, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.2,93,270/- to the petitioner, along with the interest @ 6% per annum, in view of the judgment of the Hon’ble Division Bench of this Court in Writ Appeal^No.724of2021 and batch dated 12.10.2023, within a period of two months from the date of receipt

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of a copy of this order. It would also be open to the petitioner to agitate his claim for higher rate of interest / differential amount, if any, payable by the respondents, in an appropriate forum. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions if any, pending in this Writ Petition shall stand closed.

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SD/- N.NAGAMMA //TRUE COPY// assistant registrar sectio'Tn ^Wt^icer

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To,

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The Principal Secretary, Housing Corporation Department, Secretariat, Velagapudi, Amaravathi.

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The Managing Director, Andhra Pradesh State Housing Corporation, Limited, Vijayawada.

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The District Collector Executive Director, AP.State Housing Corporation Ltd., West Godavari District, Bhimavaram.

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The District Head Project Director,, AP.State Housing Corporation Ltd., West Godavari District, Bhimavaram.

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The Divison Head Executive Engineer, AP.State Housing Corporation, Bhimavaram Division, Bhimavaram, West Godavari District.

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The Principal Secretary, State of Andhra Pradesh, Finance^and Planning, Secretariat Buildings, Velagapudi, Amaravathi.

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One CC to Sri. K V L Narasimha Rao, Advocate [OPUC] 8. Two CCs to GP For Housing ,High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance and Planning, High Court^ofAndhra Pradesh [OUT].

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One CC to Sri E V Jagannadha Rao, Advocate [OPUC] 11. Three CD Copies

HIGH COURT

DATED:20/09/2024

ORDER

WP.No.3206 of 2024

DISPOSING OF THE WP WITHOUT COSTS

Gadiraju Venkata Satyanarayana Raju v. the State of Andhra Pradesh

Case brief

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Gadiraju Venkata Satyanarayana Raju v. the State of Andhra Pradesh

Case brief

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