Allowed

Rapuru Sundara Rami Reddy, v. The State of Andhra Pradesh

Andhra Pradesh HC4 Feb 2024WP/520/2022

Case brief

AI extract

What is this about?

The High Court issued a writ of mandamus directing respondent state authorities to pay Rs. 96,90,518/- plus interest to the petitioner for completed repair works under a government programme, dismissing the contention of arbitrary withholding.

What did the court decide?

Directed the respondent authorities to pay the sum of Rs. 96,90,518/- along with interest at 6% per annum within six weeks from the date of the order.

Rapuru Sundara Rami Reddy, Vs The… — Civil Procedure and Limitation | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE FIFTH DAY OF FEBRUARY

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TWO THOUSAND AND TWENTY FOUR

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0®
i;- j
r.

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGA^

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WRIT PETITiON NO: 520 OF 71)77

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Between:

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Rapuru Sundara Rami Reddy, S/o Malakonda Reddy, Aged about 61 years, Occ; Agriculture, Chairman, Distributary Committee, North Feeder Channel, (G.K.N Canal) of Somasila Project, R/o Ananthasagargm (Vil), Ananthasagaram Mandal, S.P.S.R. Nellore District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, Secretariat, Velagapudi, Amaravathi Guntur District, Andhra Pradesh State.

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The State of Andhra Pradesh, Rep. by its Principal Secretary Finance Department, Secretariat, Velagapudi, Amaravathi Guntur District,

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Andhra Pradesh State.

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The Director of Works and Accounts 3 floor, C-Block, Anjaneya

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Towers, Ibrahimpatnam, Krishna District-521456.

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The District Collector, Nellore, S.P.S.R.Nellore District.

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The Superintending Engineer, Somasila Project, Dargamitta Nellore, S.P.S.R.Nellore District.

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The Executive Engineer. Somasila Project, Division No.l, Somasila, ^nanthasagaram Mandal. S.P.S.R.Nellore District, / .. ^ /A ■-;.s the Assistant Pay and Accounts Officer-1, Works and Projects, 'W. f:>^rnasila Project, Nellore, S.P.S.R.Nellore District. V A'

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Petition under Article 226 of the Constitution of India is filed praying that ,n the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the bill amounts admittedly due' to the Petitioner despite successful completion of works in terms of Agreement No. 18DN/2018-19, Dated 27-09-2018 with the Measurement Book (MBook) No.710 C/S PI, Agreement No. 19DN/2018-19, Dated 27-09-2018, with the Measurement Book (M-Book) No.711 C/S PI. Agreement NO.20DN/2018-19, Dated 27-09-2018, with the Measurement Book (MBook) No.712 C/S PI, Agreement No.21DN/2018-19, Dated 27-09-2018 with the Measurement Book (M-Book) No.713 C/S PI, Agreement No.’ 28DN/2018-19, Dated 27-09- 2018 with the Measurement Book (M-Book) No. 719 C/S PI, Agreement No.29 DN/2018-19, Dated 27-09-2018 with the Measurement Book (M-Book) No. 720 C/S PI, Agreement No.32DN/201819. Dated 27-09-2018, with the Measurement Book (M-Book) No.703 C/S PI, Agreement No.33DN/2018.19, Dated 27-09-2018 with the Measurement Book (M-Book) No.704 C/S T PI, Agreement NO.34DN/201819, Dated 27-09-2018. with the Measurement Book (M-Book) No.705 C/S PI. Agreement No. 22DN/2018-19, Dated 27-092018, with the Measurement Book (M-Book) No. 714 C/S PI, Agreement No.31 DN/201819, Dated 27-09-2018. with the Measurement - Book (M-Book) No.721 C/S PI, Agreement No.17DN/2018-19 Dated 27-09-2018, with the

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Measurement Book (M-Book) No.709 C/S PI with the total^amountspent for the said works of Rs.96,90,518/- under the Neeru-Chettu programme approved for payment and entered in the CFMS (Comprehensive^Financial Management System), even after completion of defect^{liabilityperiodand} inspite of repeated requests as arbitrary, illegal, discriminatory, unjust, violative of Articles 14. 19, 21 and 300-A of the Constitution^ofIndia,and consequently direct the Respondents to forthwith pay the approved amounts payable to the Petitioner in respect of the^{worksexecutedbythe} Petitioner under the aforesaid Agreements, along with^{interestaccruedon} the said amounts from the due date till the date of payment.

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lA NO: 1 OF 2022

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Petition under Section 151 of CPC is filed 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 forthwith pay the final bill amounts payable to the Petitioner in relation^{totheworksexecuted} by the Petitioner under" Neeru-Chettu" programme with the Agreement No. 18DN/2018-19, Dated: 27-09-2018, with the Measurement Book (M-Book) No.710 C/S PI. Agreement No. 19DN/2018-19, Dated: 27-09-'2018, with the Measurement Book (M-Book) No.711 C/S PI, Agreement NO.20DN/2018-19, Dated: 27-09-2018, with the Measurement Book (MBook) No.712 C/S PI, Agreement No.21DN/2018-19, Dated: 27-09-2018, with the Measurement Book (M-Book) No.713 C/S PI, Agreement No. 28DN/2018-19, Dated:27-09-2018, with the Measurement Book (M-Book) No. 719 C/S PI, Agreement No.29 DN/2018-19, Dated: 27-09-2018, with the Measurement Book (M-Book) No. 720 C/S PI, Agreement NO.32DN/2018-19, Dated: 27-09-2018, with the Measurement Book (MBook) No.703 C/S PI, Agreement No.33DN/2018-19. Dated: 27-09-2018, with the Measurement Book (M-Book) No.704 C/S PI, Agreement NO.34DN/2018-19, Dated:27-09-2018, with the Measurement Book (M-

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Book) No.705 C/S PI, Agreement No. 22DN/2018-19, Dated:27-09-201 8, with the Measurement Book (M-Book) No. 714 C/S PI, Agreement NO.31DN/2018-19, Dated; 27-09-2018, with the Measurement Book (MBook) No.721 C/S PI, Agreement No.17DN/2018-19, Dated; 27-09-'2018, with the Measurement Book (M-Book) No.709 C/S PI, for the works executed by the Petitioner with the total cost of Rs.96,90,518/- , pending disposal of the Writ Petition.

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lA NO: 2 OF 2022

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Petition under Section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the time limit for implementation of the interim orders dated 22-03-2022 in I.A.No.1/2022 in W.P.No.520/2022 for payment of amount for further period of four months from now onwards.

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Counsel for the Petitioner : SRI. CH C KRISHNA REDDY Counsel for the Respondent Nos.1, 3 : GP FOR IRRIGATION Counsel for the Respondent No.2 : GP FOR FINANCE Counsel for the Respondent No.4 : GP FOR REVENUE

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The Court made the following ORDER

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.520 of 2022

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ORDER:

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The petitioner seeks writ of mandamus to declare the^action of the respondents in withholding and not releasing^anamountof Rs.96,90,518/- even after execution of work, as illegal,^arbitrary and violative of principles of natural justice and^fora consequential direction.

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The petitioner’s case is that, the petitioner has^undertaken certain repair works in SPSR Nellore District and successfully completed those works. The net amount payable to the^petitioner was concluded at Rs.96,90,518/-. On completion of the agreed works, the respondent authorities did not pay the amount^tilldate. Though the works were completed long back and the default liability period of two years was also completed, still, the respondent authorities have not returned the amount.^Hence,the writ petition is preferred seeking a direction to the^{respondentsto} pay the amount with interest.

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Heard. No counter is filed by the respondents.

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As can be seen, the petitioner’s case is a pitiable^one.The petitioner has successfully completed the agreed works to the

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irs,7 -

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satisfaction of the authorities, However, the bill amount was withheld and not returned, most importantly, without any reason.

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Though this Court passed an interim order on 22.03.2022 directing the respondents to pay the finalized and approved bill amount as per the M-Book and Quality Control Certificate to the petitioner, within a period of six (06), the same was not paid. It is imperative for public authorities to recognize their responsibility and promptly fulfil contractual obligations by paying the agreedupon amounts to contractors. Failing to do so not only jeopardizes future contractor engagement but also undermines the quality of work delivered. In the present case, the withholding of the bill amount lacks justification. Therefore, it is only fair for the petitioner to receive the payment owed to them, along with interest. 6. Hence, writ petition is disposed of, directing the respondent authorities to pay bill amount of Rs.96,90,518/- to the petitioner along with the interest @ 6% per annum, in view of the judgment of the HonTDle Division Bench of this Court i in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of six (06) weeks from the date of receipt of a copy of this order.

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It would also be open to the petitioner to agitate^hisclaim differential amount/higher rate of interest, if any payable by the respondents, in an appropriate forum

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