Contractor sought release of an admitted final bill for urgent repairs to Kakinada-Rajahmundry Road. The Court directed the State to pay Rs.96,59,705 with interest at 6% per annum within three months, following earlier orders of the High Court, leaving higher interest claims to an appropriate forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction)
AMARAVATI
THURSDAY ,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIIWA/IAGADDA
WRIT PETITION NO: 339g DF onoyf
Between:
Sri Sridevi Constructions, Rep. by its Managing Partner, Suravarapu Suresh, S/o Nookaraju aged 61, R/o D.No.70-4-7, Sarpavaram junetion. Ramanayyapeta, Kakinada Rural, Kakinada District. ...PETITIONER AND
District.
District.
...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 prayed that this Writ of Mandamus declaring the action of the
..H j 4. t.f }i ■.>: i- } l|@spond6nts 1
l|@spond6nts in withholding the payment of bill amountofRs.96,59,705/- (Ninety Six'lakh Fifty Nine Thousand Hundred and Five rupees) in relation to the wprk" namely Urgent Repairs to Kakinada-RajahmundryRoadfromKm 1/600 to 27/000 in East Godavari District as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India apart from Principles of Natural Justice and consequently direct the respondents toreleasethe bill amount of Rs. 96,59,705/- (Ninety Six lakh Fifty Nine ThousandSevenHundredand Five rupees) with interest 24percent per annum to the petitioner in respect of execution of above-mentioned work forthwith.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the bill amount of Rs. 96,59,705/-(Ninety Six lakh Fifty Nine Thousand Seven Hundred and Five rupees) with interest @24% per annum in respect of the work of Urgent Repairs to Kakinada-Raj ahmundry Road from Km 1/600 to 27/000 in East GodavariDistrictforthwith j pending disposal of the Writ Petition.
Counsel for the Petitioner(s): SRI. P VIVEK
Counsel for the Respondent Nos.1,3,4,5,6,7: GP FORROADSBUILDINGS Counsel for the Respondent Nos.2 & 8: GP FOR FINANCEAND
PLANNING
The Court made the followingiORDER
APHC010055762024
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
[3329]
THURSDAY ,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 3.1<lfl/7n7/i
Between:
Sri Sridevi Constructions
...PETITIONER
AND
The State Of Ap and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.PVIVEK
Counsel for the Respondent(S):
1.GP FOR ROADS BUILDINGS
The Court made the following:
- The petitioner had been awarded various contract works under the subject scheme in East Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.96,59,705/- 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.
V.
non-payment of money is clearly arbitrary and high-handedrequiring
the interference of this Court.
learned Government Pleader for Roads & Buildings thisWritPetitionis disposed of with a direction to the respondents toreleaseanamountof
Rs.96,59,705/- 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.724 of 2021 and batch dated 12.10.2023, within a period of three (03) months from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
SDI- K. KASI RAO ACHARI ASSISTANT REGISTRAR
//TRUE COPY//
lECTION OFFICER
To,
[OUT]
- Two CCs to GP For Finance and Planning, High CourtofAndhra Pradesh [OUT].
- Three CD Copies
Three CD Copies
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DATED:04/07/2024
ORDER
WP.No.3399 of 2024
DISPOSING OF THE WP WITHOUT COSTS
2 issues framed by the court
Whether the respondents could withhold payment of the petitioner's admitted final bill amount for road repair works executed in East Godavari District.
What rate of interest is payable on the withheld bill amount.
1 provisions across 1 enactments
Sri Sridevi Constructions, Rep. by its Managing Partner, Suravarapu Suresh
The State of Andhra Pradesh, Rep. by its Principal Secretary, Roads and Buildings Department
The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning
The Chief Engineer (R&B), SH and Managing Director, A.P Road Development Corporation, Vijayawada
The Superintending Engineer, R and B Circle, Kakinada
The Executive Engineer, R and B Division, Kakinada
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
