Disposed

Mallela Siva Nageswara Rao v. the State of Ap

Andhra Pradesh HC22 Jan 2024WP/481/2024

Case brief

AI extract

What is this about?

A contractor sought release of an admitted balance payment for constructing additional classrooms under Samagra Shiksha. The authorities confirmed funds were sanctioned but not credited. The High Court directed respondents to pay the balance within six weeks and disposed of the writ petition without costs.

What did the court decide?

Direction to respondents to release Rs.14,55,832/- to petitioner within six weeks; petition disposed of, no costs.

Mallela Siva Nageswara Rao Vs the… — Public Procurement and Tenders | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶2

(Special Original Jurisdiction)

¶3

TUESDAY, THE TWENTY THIRD DAY OF JANUARY M q: CL TWO THOUSAND AND TWENTY FOUR

¶4

q:
CL
\ i$m

¶5

PRESENT

¶6

THE HON’BLE SMT JUSTICE V.SUJATHA

¶7

WRIT PETITION NO: 481 OF 2024

¶8

Between:

¶9

Mallela Siva Nageswara Rao, S/o. Krishnamurthi Aged about 62 years, Occ. Contractor, R/o.25-311 Subbaiah thota, Chilakaluripet, Guntur District.

¶10

...PETITIONER

¶11

AND

¶12

The State of Andhra Pradesh, Rep. by its Principal Secretary,

¶13

Department of School Education (PE), Secretariat Buildings,

¶14

Velagapudi, Amaravathi, Guntur District.

¶15

The State of Andhra Pradesh, Rep. by its Principal Secretary,

¶16

Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶17

The State Project Director, A.P. Samagra Shiksha Vijayawada, NTR District.

¶18

The Chief Engineer, A.P. Samagra Shiksha, Vijayawada, NTR District.

¶19

The District Collector, Bapatia, Bapatia District.

¶20

The Additional Project Coordinator, A.P. Samagra Shiksha, Guntur, Guntur District.

¶21

The Finance and Account Officer,A.P. Samagra Shiksha, Bapatia,

¶22

Bapatia District.

¶23

The Executive Engineer, AP Samagra Shiksha, Guntur Guntur District. 9. The Chairman, School Management Committee, M.P.P.S. (Urdu),

¶24

M.V.Rajupalern, Korlapalem (VandM), Guntur District.

¶25

¶26

...RESPONDENTS

¶27

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 direction declaring the action or any other appropriate writ or of the Respondents not releasing the payment of net balance amount of Rs. 14,55,832/- vide M Book No. 254/A/2018-19, even after finalizing the bills works i e rnnsr e 'he works i.e.. Construction of Additional Class Rooms 3 Nos to MPPS at MV Rajupalem Village in Karlapalem Mandal, vide Agreement No. /2018-19 dated 15.09.2018 i IS questioned, as the same is illegal arbitrarv and’ . "I* " »=•» «o 2S4;M0I8-19 i„|„,l @23 ..r ^ of above-mentioned work forthwith. jA NO: 1 OF 7r\0A

¶28

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the writ petition, the High Court be pleased to direct the may respondents to pay for payment of amount of Rs.14,55,832/- vide M Book No. 254/A/2018-19 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Additional Class Rooms 3 Nos., to MPPS at MV Rajupalem Village in Karlapalem Mandal vide Agreement No. /2018-19, dated 15.09.2018, forthwith. pending disposal of the Writ Petition. Counsel for the Petitioner; SRI BATHALA RAMESH Counsel for the Respondents No. 1, 9: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.2: GP FOR FINANCE AND planning Counsel for the Respondent No. 5: GP FOR REVENUE Counsel for the Respondents No3, 4 to 8: M/s. R. SUDHA RANI, SC FOR SAMAGRA SHIKSHA The Court made the following; ORDER

¶29

HONOURABLE SMT. JUSTICE V.SUJATHA

¶30

WRIT PETITION No.481 of 2024

¶31

ORDER:

¶32

The present Writ Petition came to be filed under Article 226

¶33

of the Constitution of India seeking the following^relief:-

¶34

"... to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents^not releasing the payment of net balance amount of Rs. 14,55,832/- vide M Book No.254/A/2018-19, even after finalizing the bills, payable to the petitioner in^{relationtothe} works i.e. Construction of Additional Class Rooms 3 Nos., to MPPS at MV Rajupalem Village in Karlapalem Mandal, vide Agreement No. /2018-19, dated 15.09.2018 is questioned, as the same is illegal, arbitrary and consequently^directthe respondents to pay for payment of amounts of Rs.14,55,832/- vide M Book No.254/A/2018-19 with interest @ 24% per annum for the delayed amount to the petitionerⁱⁿ respect of execution of abovementioned work forthwith...”

¶35

Heard learned counsel for the petitioner and learned counsel appearing for the respondents.

¶36

Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is^entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary^and high-handed and thereby requires interference by this^Court.

¶37

¶38

At the time of hearing, the learned Standing Counsel^for Samagra Shiksha, has submitted a copy of instructions^ofthe Additional Project Coordinator, Samagra Shiksha, Guntur^vide Lr.No.Ol/SS/APC/31042/2024, dated 09.01.2024, wherein it is stated as follows:

¶39

“....The work Construction of Additional Class Rooms^3Nos. to MPPS at MV Rajupalem Village in Karlapalem Mandal,^Est. Cost of Rs.23.70 Lakhs. Out of which an amount of Rs.6,46,878/- was paid to the petitioner and requested^the State Project Director, Samagra Shiksha, A.P., Amarauathi for requirement of funds for the balance payment of Rs. 14,55,832/- to the petitioner vide letter dated 19.12.2022. The State Project Director, Samagra Shiksha, A.P., Amaravathi has issued orders Proc.Rc.No.SS13026/1/2023-CIVIL SEC-SSA, dated 07.05.2023 to release an amount of Rs. 14,55,832/- for payment to the concerned school but amount not credited to the District Project Ofifce, Samagra Shiksha, Guntur/Bapatla District or School account. After credit of the balance amount the petitioner^will be returned duly following standard procedure. ”

¶40

In view of the above instructions submitted by the^learned Standing Counsel for Samagra Shiksha, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs. 14,55,832/(Rupees Fourteen lakhs fifty five thousand eight hundred and thirty two

¶41

¶42

!• I

¶43

only) to the petitioner within a period of six (6)^weeksfromthe date of receipt of a copy of this order.

¶44

With the above direction, this Writ Petition is disposed^of. There shall be no order as to costs.

¶45

Miscellaneous petitions pending, if any, in this Writ

¶46

Petition shall stand closed.

¶47

SDI- K SRINIVASA RAJU

¶48

ASSISTANT REGISTRAR C >

//TRUE COPY//

SECTI OFFICER

To,

The Principal Secretary, Department of School Education (PE), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶53

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

¶54

The State Project Director, A.P. Samagra Shiksha, Vijayawada, NTR District.

¶55

The Chief Engineer, A.P. Samagra Shiksha, Vijayawada, NTR^District.

¶56

The District Collector, Bapatia, Bapatia District.

¶57

The Additional Project Coordinator, A.P. Samagra Shiksha, Guntur, Guntur District.

¶58

The Finance and Account Officer,A.P. Samagra Shiksha, Bapatia, Bapatia District.

¶59

The Executive Engineer, AP Samagra Shiksha, Guntur, Guntur District.

¶60

The Chairman, School Management Committee, M.P.P.S. (Urdu), M.V.Rajupalern, Korlapalem (VandM), Guntur District.

¶61

One CC to SRI BATHALA RAMESH Advocate [OPUC]

¶62

¶63

Two CCS to GP FOR SCHOOL EDUCATION, High Court^ofAndhra Pradesh. [OUT]

¶64

Two CCS to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh. [OUT]

¶65

Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]

¶66

One CC to M/s. R. SUDHA RANI, Advocate SC FOR SAMAGRA SHIKSHA [OPUC]

¶67

Three C.D. Copies

MBT

/) P'i

HIGH COURT

DATED: 23/01/2024

ORDER

WP.No.481 of 2024

■¥ D?

yhP

DISPOSING OF THE WP

WITHOUT COSTS

Mallela Siva Nageswara Rao v. the State of Ap

Case brief

What is this about?

What did the court decide?

Mallela Siva Nageswara Rao v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

St. Mary's Girls High School, Vs The State of A.P.

Sri Lakshmi Narasimha Patly Aided High School Vs the State of Andhra Pradesh

S.B.v.D.Sabha Degree College Vs Govt.of Ap,Prl.Scy,H.E.,Hyd,and 3

Velidi Suresh, Vs State of Andhra Pradesh

P Divaker Reddy Vs the State of Ap

G.S.R. and T.S.R. Education Society, Vs The State of Andhra Pradesh, Rep. by its Principal