Writ petition filed by a contractor praying for the release of unpaid bill amount of Rs. 30,77,219 for water supply works. The High Court directed respondents to pay the amount within three months by complying with necessary formalities.
Direction to pay Rs. 30,77,219 with interest within three 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.
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 5610 OF 2024
Between:
Sai Balaji Constructions, Rep. by its Managing Partner M Satish Reddy, S/o. Lakshmi Narayana Reddy, Aged about 51 years, Occ; Contractor, R/o. Flat No.401 & 402, Sai Balaji Castle, Tekkemitta, Nellore 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.30,77,219/- vide M Book No.2732 B, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Completion of Incomplete temporary water supply arrangements for construction activity for layout at Etukuru. 1 (Package.il) in Guntur Municipal Corporation, vide Agreement No. EE (PH) GNT Agreement No.48 / 2022-2023, dated 06.03,2023 is questioned. as the same is illegal, arbitrary and consequently direct the respondents to pay for paymentof amounts of Rs,30,77,219/- vide M Book No.2732 B with interest @24percent per annum for the delayed amount to the petitioner in respectofexecutionof above- mentioned work forthwith.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may please to direct the respondents to pay for payment of amount of Rs.30,77,219/- vide M Book No.2732 B with interest @24% per annum for the delayed amount to the petitioner in respectofexecutionof works i.e. Completion of Incomplete temporary water supply arrangements for construction activity for layout at Etukuru.I (Package.il) in Guntur Municipal Corporation, vide Agreement No.EE (PH) GNT Agreement No.48/2022-2023, dated 06.03.2023, forthwith, pending disposal of the Writ Petition.
Counsel for the Petitioner(s): SRI. SREENIVAS CHALLA
Counsel for the Respondent No.1: GP FOR HOUSING CORPORATION
Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING
Counsel for the Respondent No.3 & 5: GP FOR SRI E.V.JAGANNADHA
RAO,ADVOCATE
Counsel for the Respondent No.4 & 6: GP FOR REVENUE
The Court made the following: ORDER
APHC010105512024
■ U
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3233]
(Special Original Jurisdiction)
THURSDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 5610/2024
Between:
Sai Balaji Constructions ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.SREENIVASCHALLA
Counsel for the Respondent(S):
1.GPFOR HOME
2.GP FOR FINANCE PLANNING
3.E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 4.E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) The Court made the following Order:
)
Heard the learned counsel for the petitioner, the learned Standing Counsel for the respondent-corporation and the learned Assistant Government Pleader for the 2"^' respondent.
- This writ petition is filed questioning the action of the respondents in not releasing the amount of Rs.30,77,219/- vide M.Book No.2732 B, even after
2
finalizing the bills payable to the petitioner in relation to the works i.e., Completion of Incomplete temporary water supply arrangements for construction activity for layout at Etukuru.1 (Pacakage.il)inGunturMunicipal Corporation, vide Agreement No.EE (PH) GNT AgreementNo.48/2022-2023 dated 06.03.2023.
- On the other hand, the learned Standing Counsel appearingforthe respondent-corporation submits that the above saidbillamountwillbepaidin due course.
- Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel. Miscellaneous Petitions pending, if any,shallstandclosed.
Sd/- K. TATA RAO DEPUTY REGISTRAR
\i
To,
//TRUE COPY//
The Principal Secretary, Department of Housing Department,StateOf Andhra Pradesh, Secretariat Buildings, Velagapudi,Amaravathi,Guntur
1 The Andhra District.
MBT
HIGH COURT
DATED:02/05/2024
ORDER
WP.No.561 Oof 2024
fc;
21 JUN 202^
'C A- Sedition ^ Cfi"
DISPOSING THE W.P
WITHOUT COSTS
2 issues framed by the court
Whether the High Court should direct respondents to release the withheld bill amount of Rs. 30,77,219 to the petitioner immediately.
Whether the petition for interim payment during disposal of the writ petition should be granted.
3 provisions across 3 enactments
Sai Balaji Constructions
State of Andhra Pradesh
AP State Housing Corporation Limited
B Krishna Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
