Contractor's writ petition for non-payment of final bill dues under a housing works contract. APSHCL admitted Rs.2,94,348/- as payable. Court directed payment with 6% interest within two months; petitioner free to seek higher interest elsewhere.
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CA
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 3245 OF 2024
Between:
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.
...PETITIONER
AND
...RESPONDENTS
•• ^
Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ,Orderordirectionmore particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of Rs.3,81,500/as per the M.Book NO.90/2022-23/APSHCL, including holding amounts with interest, for the works done by the petitioner for second dose levellingofhousesiteswith 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,WestGodavari District, 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.3,81,500/under M.Book No.90/2022-23/APSHCL, including holding amounts with interest
lA NO: 1 OF 2024
Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the funds through a proper channel for payment of Rs.3,81,500/-as per the M.Book NO.90/2022-23/APSHCL, including holding amounts with interest, pending disposal of the writ petition.
Counsel for the Petitioner:SRI K V L NARASIMHA RAO
Counsel for the Respondents No.1,3: GP FOR COOPERATION
Counsel for the Respondents No.2,4,5: SRI E V JAGANNADHA RAO (SC
FOR AP STATE HOUSING COOP LTD)
Counsel for the Respondent No.6:GP FOR FINANCE AND PLANNING The Court made the following: ORDER
APHC010055752024 IN THE HIGH COURT OF ANDHRA PRADESH [3329] AT ANIARAVATI (Special Original Jurisdiction) 0^ FRIDAY THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
present VENKATESWARLU NINIMAGADDA THE honourable SRI JUSTICE \a;piT petition NO: 3245(2024
Between: Venkata Satyanarayana Raju Gadiraju
...petitioner
AND
Of Andhra Pradesh and Others The State Counsel for the Petitioner:
...rESPONDENT(S)
1 K V L NARASIMHA RAO Counsel for the Respondent(S): 5JATE HOUSEING COOP LTD) 1.E V jAGANNADHA RAO (SC FOR AP 2.GP for COOPERATION The Court made the following:
ORDER:
contract of work(s) in West awarded the had been 1. The petitioner final bill was prepared of the said contract, a District. After execution Godavari As the payment of the sanctioned orders of Rs.3,81,500/- as per for a sum respondents, the petitioner has not been made by the the said amount has of this writ petition. approached this Court by way
- On the other hand, learned Standing Counsel for the Andhra Pradesh 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.2,94,348/- payable to the petitioner. But, the subject bill was not uploaded for payment. Soon after uploading of the bill, an amount of Rs.2,94,348/- will be paid to the petitioner.
3
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 benoorderastocosts.
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
//TRUE COPY//
SD/- K L PAVANI ASSISTANT REGISTRAR SECTI C^^FFICER
To,
nm
high court DATED;20/09/2024
ORDER WP.No.3245 of 2024
disposing of the WP WITHOUT COSTS
1 issue framed by the court
Whether the respondents were liable to release admitted dues of Rs.2,94,348/- for contract works executed by the petitioner.
1 provisions across 1 enactments
Gadiraju Venkata Satyanarayana Raju
The State of Andhra Pradesh, Rep. by Principal Secretary, Housing Department
The Andhra Pradesh State Housing Corporation Limited
The District Collector/Executive Director, AP State Housing Corporation Ltd, West Godavari District
The District Head/Project Director, AP State Housing Corporation Ltd, West Godavari District
The Division Head/Executive Engineer, AP State Housing Corporation, Bhimavaram Division
Venkateswarlu Nimmagadda
As recorded by the court registry
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