This writ petition challenged the non-payment of dues for contract work executed by the petitioner for the respondent corporation. The Court directed the release of the admitted amount along with interest.
Directing the respondents to release Rs. 3,61,342 with 6% interest within two months.
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 :: AMARAVATI
(Special Original Jurisdiction)
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FRIDAY, THE TWENTIETH DAY OF SEPTEMBER K •
TWO THOUSAND AND TWENTY FOUR y
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 3428 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 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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of Rs.4,67,927/as per the M.Book NO.94/2022-23/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.4,67,927/under M.Book No.94/2022-23/APSHCL, including holding amounts with interest.
lA NO: 1 OF 2024
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 release the funds through a proper channel for payment of Rs.4,67,927/as per the M.Book No.94/202223/APSHCL, including holding amounts with interest, pending disposal of the writ petition.
Counsel for the Petitioner(s): SRI K V L NARASIMHARAO
Counsel for the Respondent No.1 : GP FOR HOUSING
Counsel for the Respondents 2 to 5 : SRI E.V. JAGANNADHARAO,SC
FOR APSHCL
Counsel for the Respondent No.6 : GP FOR FINANCE &PLANNIG
The Court made the following: ORDER
APHC010055482024
3M
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
[3329]
FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 3428/2024
Between:
Gadiraju Venkata Satyanarayana
...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.KVL NARASIMHA RAO
Counsel for the Respondent{S):
1.E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOPLTD)
2.GP FOR FINANCE PLANNING
3.GP FOR HOUSING
The Court made the following:
ORDER:
- The petitioner had been awarded the contract of work(s) in West Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.4,67,927/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents,thepetitioner has approached this Court by way of this writ petition.
- 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.3,61,342/- payable to the petitioner. But, the subject bill was not uploaded for payment. Soon after uploading of the bill, an amount of Rs.3,61,342/- 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 be no order asto costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
Sd/- SHAIK MOHAMMED RAFI ASSISTANT REGISTRAR SEC^h^tsTofficer
//TRUE COPY//
To,
- Three CD Copies Madhu
HIGH COURT
DATED;20/09/2024
ORDER
WP.No.3428 of 2024
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DISPOSING THE WP WITHOUT COSTS
3 issues framed by the court
Whether the High Court should direct the respondents to pay the dues adjudged to the petitioner.
Whether the non-payment of the awarded amount by the respondents is arbitrary and violative of natural justice.
Whether the petitioner is entitled to payment including interest on the outstanding sum.
1 provisions across 1 enactments
Gadiraju Venkata Satyanarayana Raju
The State of Andhra Pradesh
The Andhra Pradesh State Housing Corporation Limited
VENKATESWARLU NIMMAGADDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
