Disposed

V Bhaskar Rao v. the State of Ap

Andhra Pradesh HC18 Feb 2024WP/568/2024

Case brief

AI extract

What is this about?

Contractor sought release of admitted final bill amounts for irrigation drainage works in Krishna District under three agreements. No counter affidavit was filed despite adjournments; right to file counter forfeited. Court directed respondents to pay Rs. 17,44,621/- with 6% interest within six weeks.

What did the court decide?

Direction to respondents to release Rs. 17,44,621/- with 6% per annum interest within six weeks; pending miscellaneous petitions closed.

V Bhaskar 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 :: AMARAVAT&?&^
(Special Original Jurisdiction)

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MONDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 568 OF 2n9A

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Between;

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Balakrishna Murthy, R/o Karakampadu Village, Ayyanki Post, Movva Mandal, Krishna Dist. ...PETITIONER

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AND

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Ptenn®Ifa%lCTetaJLTB,^!L!nnTv"r' S^J^etary, Department^ofFinanceand nanning, Secretariat Buildings, Velagapudi, Amaravathi Guntur District.

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^ Andhra Pradesh, Represented by its. Special Chief Serrptarv GuSfurSict Resources Secretariat, Vdagapudi,’

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The Chief Engineer, Water Resources Department, Minor. Irrigation

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Vijayawada, Krishna District. DiSriS®^''^^ Executive Engineer, Drainage Sub Division, Gudivada, Krishna

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The Executive Engineer, Drainage Division,Gudivada, Krishna District. 6. The Assistant Engineer, Drainage Section Krishna Dist. Polukonda, Nandivada Mandal,

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The District Collector, Krishna District, rntni!*'Complex,RamaMandiramd"'' Street, Governorpet,and AccountsVijayawada.D No 29-2-52 ’ Manasn“ ...RESPONDENTS

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HtSfifsin

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pursuance of Agreement with the 5th respondent Vide Agreement Nos. 22/20212022 dated 15.06.2021, 55/2021-2023 dated 02.07.2022^{and54/2022-2023dated} 02.07.2022, as being illegal, arbitrary, violation of principles of natural justice and Unconstitutional and consequently direct the respondents to pay undisputed final bill amount of Rs. 3,60,537/-, Rs. 5,89,111/and Rs.7,94,973/-, Totaling of Rs.17,44,621/- to the petitioner including interest^fortheworks.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstatedin} the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release undisputed final bill amount of direct the respondents to pay undisputed final bill amount of undisputed final bill amount Rs. 3,60,537/-, Rs. 5,89,111/- and Rs.7,94,973/-, Totaling of Rs.17,44,621/- to the petitioner including interest for the works, in pursuance of Agreement with the 5th respondent Vide Agreement Nos. 22/2021-2022 dated 15.06.2021,^55/2021-2023 dated 02.07.2022 and 54/ 2022-2023 dated 02.07.2022, pending disposal of the writ petition.

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Counsel for the Petitioner(s) : M/S. PRASANTHI GUDE

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Counsel for the Respondents 1 & 8 : GP FOR FINANCE^PLANNING

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Counsel for the Respondents 2 to 7 : GP FOR IRRIGATION^&CAD

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The Court made the following: ORDER

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No.568 of 2024

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ORDER;

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The petitioner had been awarded the contract of work{s) under the subject scheme in Krishna District. After^executionof the said contract, a final bill was prepared for a sum of Rs. 17,44,621/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference^ofthisCourt. 3. This Court, in various orders, including the judgment^ofa 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^needtobe cleared by the respondents at the earliest.

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On the other hand, learned Government Pleader for Irrigation would submit that the concerned authority is not cooperating^to

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state that the factual aspect with regard to payment of the bill amount, as such, neither instructions could be obtained nor counter affidavit is filed. 5. Hence, in the absence of filing any counter affidavit/written instructions by the respondents, the right of the respondents^tofile counter affidavit is forfeited and this Court is left with no other option, except to proceed further without counter affidavit, despite granting several adjournments to the respondents to file counter affidavit/written instructions.

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In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs. 17,44,621/- to the petitioner, along with the interest @ 6% per annum, in view of the judgment of the Honhle Division Bench of this Court in Writ Appeal^No.724of2021 and batch dated 12.10.2023, within a period of six (06) weeks from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for higher rate of interest, if any

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payable by the respondents, in an appropriate forum.^Thereshall

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be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending^inthis

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Writ Petition shall stand closed.

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//TRUE COPY//

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SD/- B. PRASADA RAO ASSISTANT F^pISTRAR

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SECTION OFFICER

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To, 1. The Principal Secretary, Department of Finance and Planning, State of AP, Secretariat Buildings, Velagapudi, Amaravathi Guntur^District.

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1. The Special Chief Secretary, Department of Irrigation and Water Resources, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur^District.

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1. The Chief Engineer, Water Resources Department, Minor. Irrigation Vijayawada, Krishna District.

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1. The Deputy Executive Engineer, Drainage Sub Division, Gudivada, Krishna District.

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1. The Executive Engineer, Drainage Division,Gudivada,^{KrishnaDistrict.} 6. The Assistant Engineer, Drainage Section, Polukonda, Nandivada Mandal, Krishna Dist.

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1. The District Collector, Krishna District,

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The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex, RamaMandiram Street, Governorpet, Vijayawada,

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One CC to M/S. PRASANTHI GUDE Advocate [OPUC] 10.Two CCs to GP for FINANCE PLANNING, High Court of^{AndhraPradesh.}

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[OUT]

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Two CCs to GP FOR IRRIGATION COMM AREA DEV, High^{CourtofAndhra} Pradesh. [OUT]

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12.Three CD Copies Madhu MBT

HIGH COURT

DATED: 19/02/2024

ORDER

WP.No.568 of 2024

DISPOSING THE WP WITHOUT COSTS

V Bhaskar Rao v. the State of Ap

Case brief

What is this about?

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V Bhaskar Rao v. the State of Ap

Case brief

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What did the court decide?

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