Allowed

Garapati Raja Rao v. the State of Ap

Andhra Pradesh HC8 Feb 2024WP/546/2024

Case brief

AI extract

What is this about?

In a writ petition, the Court directed the Irrigation and Finance Departments of Andhra Pradesh to release pending dues of Rs. 7,02,869 to contractors for completed works, rejecting the ground of missing upload in the financial management system, and ordered payment of interest at 6% per annum within six weeks.

What did the court decide?

Respondents directed to release Rs. 7,02,869 with 6% interest within 6 weeks; petitioners may claim higher interest separately.

Garapati Raja Rao Vs the State of Ap — Contract and Commercial Disputes | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAViOT^ (Special Original Jurisdiction)

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FRIDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 546 OF 2024

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Between:

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Subbarao, Aged about 69 years, Occ; President

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W.U.A., Uppalaguptam, R/o. D.No.4-61, Main village, Uppalaguptam Uppalaguptam, East Godavari District, Andhra Pradesh Padmanabham Naidu, S/o. Prabhakara rama Murthy, Aged

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about 64 years, Occ; President W.U.A., Chingadavalli, R/o. D.No 2-156 Pedagadavilli, East Godavari District.

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...PETITIONERS

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AND

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to Government Irrigation and

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°®P®'*toent, Secretariat Buildings, A.P.

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Secretariat, Velagapudi, Amaravathi, Guntur District.

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1. The State of Andhra Pradesh, rep. By its Principal Secretary Finance 3 ThrnS Buildings, Velagapudi, Amaravati, Guntur District. Konaseema D?s?rlct ’ ^ Amalapuram, Dr. BR Ambedkar AnHh^I! -in-Chief, Minor and Major Irrigation Department^Governmentof Andhra Pradesh, Irrigation Bhavan, Vijayawada, N.T.R District. Rptni Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada, N.T.R.

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The Superintending Engineer, Irrigation and Water r Resources Department,

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Irrigation Circle, Dowlaiswaram, East Godavari District The Executive Engineer, Water Resources Department Godavari Central Division, Amalapuram, Dr. BR Ambedkar Konaseema District. ...RESPONDENTS

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r-rar™;; f the nlure i'f wVof more particularly one m Vide Its Agreement No. 40/ 2018-19 dated 18 ns ^n-iR ssssssili

¶19

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r'nnM n rt f® 1. Agreement No. 43/ 2018-19 dated 13-08-2018 and Quality rZoI, f and 24528, for which the name of woA was dklrihM ^ Growth on Inapuram main channel from K.M. 0.00 to 7 0 and^its f m s (2018-19) in ChinagadavHli W u.A Urn ts. for which the total amount was Rs. 7,02,869/-with 12percent interest per consequentially to direct the respondents releasing. lA NO: 1 OF 2024 the affiSi°lH"'’®'' circumstances stated ini to direct hrmsnnnHe®r'’°i r'' P®“°"' niay be Pleased n-ect the respondents releasing the Final Bill amount of Rs. 7.02 869/for the ®^®^"tion of completion of O&M Zks unde® ZlT"! P®*" to the petitioner forwil penSinq disposal of the above writ petition pending disposal of the above writ petition. ^

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Counsel for the Petitioner: SRI ANNAMNEEDI BALAKRISHNA

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Counsel for the Respondent Nos.1, 3 to 7: GP FOR IRRIGATION & COMMAND Counsel for the Respondent No.2: GP FOR FINANCE AN^[?puf^^

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The Court made the following: ORDER

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APHC010007272024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3329]

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FRIDAY ,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 546/2024

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Between:

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Garapati Raja Rao and Others

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...PETITIONER(S)

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AND

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The State Of Ap and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.ANNAMNEEDI BALAKRISHNA

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Counsel for the Respondent(S):

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1 .GP FOR IRRIGATION COMM AREA DEV

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2.GP FOR FINANCE PLANNING (AP)

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The Court made the following:

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ORDER:

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The petitioners had been awarded the contract of work(s) under the subject scheme in East Godavari District.^{Afterexecution} of the said contract, a final bill was prepared for a sum of Rs.7,02,869/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioners have approached this Court by way of this writ petition.

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✓

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It is the contention of the petitioners that even though^the respondents admitted that the petitioners are entitled for payment of the aforesaid sum of money, no payment is being made. The petitioners contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference^ofthisCourt.

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This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non payment of dues is arbitrary and that such dues need^tobecleared by the respondents at the earliest.

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On the other hand, learned Government Pleader for Irrigation while admitting about the claim of the petitioners placed on record instructions received from the Executive Engineer, Amalapuram, dated 08.02.2024. He would submit that due to lack of LOC, bill is not uploaded in CFMS. Soon after release of the LOC, bill will be submitted for payment.

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In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned^{counselforthe} petitioners, learned Government Pleader for Irrigation this Writ Petition is disposed of with a direction to the respondents^torelease the amount of Rs.7,02,869/to the petitioners, along with the

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interest (g) 6% per annum, in view of the judgment^oftheHon'ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of six (06)^weeksfromthe date of receipt of a copy of this order. It would also be open to the petitioners to agitate their claim for higher rate of interest, if any payable by the respondents, in an appropriate forum.^Thereshallbe no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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SD/- K. KASI RAO ACHARI ASSISTANT REGISTRAR SECTION OFFICER OFFICER

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//TRUE COPY// SECTION OFFICER OFFICER

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To, 1. The Principle Secretary to Government Irrigation and CAD Water Resources Resources Department, State of AP, Secretariat Buildings A P Secretariat Velagapudi, Amaravathi. Guntur District. ^secretariat,

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1. The Principal Secretary, Finance Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District KonaSemaD?^rict'°'' Amalapuram, Dr. BR Ambedkar

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Andhra Department Government Andhra Pradesh, Irrigation Bhavan, Vijayawada, N.T.R District. Development Authority (CAD) Water

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dS Government of Andhra Pradesh, Vijayawadl N.T.R.

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1. The Superintending Engineer, Irrigation and Water T Resources Department,

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Irrigation Circle, Dowlaiswaram, East Godavari District.

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. The Executive Engineer, Water Resources Department, Godavari Central Division, Amalapuram, Dr. BR Ambedkar Konaseema District,

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n Annamneedi Balakrishna, Advocate [OPUCl 9. Two CCs to GP for Irrigation & Command Area Development, High Court of

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Andhra Pradesh. [OUT]

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Pradesh. [OUT] n.TlXe ?D'.°c°opfea Cnr MBT

HIGH COURT

DATED: 09/02/2024

ORDER

O
r
' 1 1 JUN 202^
-£-
i;urrern Serjtioa ,,

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WP.No.546 of 2024

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disposing of the W.P WITHOUT COSTS

Garapati Raja Rao v. the State of Ap

Case brief

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Garapati Raja Rao v. the State of Ap

Case brief

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