A contractor's writ petition seeking payment of a withheld final bill amount for additional infrastructure works at a Zilla Parishad High School in Krishna District. The court noted part payments had been made and directed the Finance Secretary and Corporation to pay the remaining net amount of Rs.23,96,384 within eight weeks.
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>IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI ^ (Special Original Jurisdiction)
TUESDAY. THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 5761 OF 2024
Between:
D.Venkateswara Raju, S/o Venkata Rama Raju Aged about 59 year Occ: Civil Contractor Resident of Flat No 401, Lotus Land Mark Sector No3 Road No3, Blueberry Apartment Ayodhya Nagar Vijayawada 520003, NTR Krishna District.
...PETITIONER
AND
its Chief Executive Officer, 6*^ Floor C. Block, Anjaneya Towers Ibrahimpatnam, NTR (Krishna) District.
...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, order or direction more particularly one in the nature of Writ of Mandamus to declare the action respondents in with holding the payment of final bill amount of Rs.32,06008-00, vide.CFMS Bill I.D.No.1220155 of 2023 (Rs.23,96,384-00) and CFMS BillI.D.No.2379308 (Rs.7,04,545-00 and Rs. 1,05,079-00), payable to the petitioner, in relation to execution of work i.e. to Providing Additional Infrastructurefacilitiesto SMK Zilla Parishad High School (School I.D.No.28163001409) Mowa Village and Mandal, Krishna District vide. AgreementNo.46of2020-2021 Dated. 22.6.2020 with the 6th respondent. as illegal, arbitrary, discriminatory, violation of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the respondentsto release final bill amount of Rs.32,06008-00, to the petitioner along with interest @ 6% per annum, on the entire amount with effect from the date when the bills were submitted by the petitioner, for payment and till the date of final
payment, in view of Judgment rendered by the Hon'bleDivisionBenchof this Hon’ble Court in W.A.No.724 of 2021 and batch dated. 12.10. 2023, (The State of Andhra Pradesh, represented by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Velagapudi, Amaravathi, Guntur District and others Vs. Nagaboyina Satyavathi and others Neutral Citation 2023: APHC:39349).
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 to direct the respondents to release final bill amount of Rs.32,06008-00, vide.CFMS Bill I.D.No.1220155 of 2023 (Rs.23,96,384-00) and CFMS Bill I.D.No.2379308 (Rs.7,04,545-00 and Rs. 1,05,079-00), to the petitioner, in relation to execution of work i.e., to Providing Additional Infrastructure facilities to SMK Zilla Parishad High School (School I.D.No.28163001409) Mowa Village and Mandal, Krishna District vide. Agreement No.46 of 2020-2021 Dated.22.6.2020, with the 6**^ respondent, pending disposal of the writ petition.
Counsel for the Petitioner: SRI GANGISETTY RAJESWARA RAO
Counsel for the Respondent No.1 & 3: GP FOR SCHOOL EDUCATION
Counsel for the Respondent No.2 & 4: GP FOR FINANCEAND
PLANNING
Counsel for the Respondent No.5 to 7: SMT. ANITHA MESA,ADVOCATE
(SC FOR ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION)
The Court made the following: ORDER
APHC010107862024
SMS 1
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3233]
(Special Original Jurisdiction)
TUESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 5761/2024
Between:
D Venkateswara Raju
...PETITIONER
AND
The State Of Ap and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1 .GANGISETTY RAJESWARA RAO
Counsel for the Respondent(S):
1.GP FOR SCHOOL EDUCATION
2.GP FOR FINANCE PLANNING (AP)
3.VCH NAIDU
The Court made the following:
ORDER:
No representation for the petitioner.
- This writ petition is filed questioning the actionofthe respondentin withholding the payment of final bill amount of Rs.32,06,008-00,vide CFMS Bill I.D.No.1220155 of 2023 (Rs.23,96,384/-) and CFMSBillI.D.No.2379308 (Rs.7,04,545/- and Rs. 1,05,079/-) payable to the petitioner, in relation to
•o esTTi-S
2
executisn of work i.e., Providing Additional InfrastructurefacilitiestoSMKZilla Parishad High School (School I.D.No.28163001409) Movva Village and Mandal, Krishna District vide Agreement No. 46 of 2020-2021 dated 22.06.2020 with the 6^" respondent.
As a sequel. Miscellaneous Petitions pending, if any,shallstandclosed.
3
As a sequel, Miscellaneous Petitions pending, if any, shall stand closed:
//TRUE COPY//
Sd/-S.SRINIVASA PRASAD ASSISTANT REGISTRAR
To,
sectTon officer
MBT
HIGH COURT
DATED:07/05/2024
ORDER
WP.No.5761 of 2024
X 0 3 AUG 202A
^ , Current section ^
DISPOSING TJdE W.P
WITHOUT COSTS
1 issue framed by the court
Whether the respondents could be directed to release the withheld final bill amount of Rs.23,96,384 for school infrastructure work executed under Agreement No.46 of 2020-2021?
1 provisions across 1 enactments
D. Venkateswara Raju
The State of Andhra Pradesh, represented by its Principal Secretary, School Education Department
The State of Andhra Pradesh, represented by its Principal Secretary, Finance and Planning Department
The Commissioner of School Education, State of Andhra Pradesh
The Andhra Pradesh Centre for Financial Systems and Services Comprehensive Financial Management Sys, Department represented its Chief Executive Officer
The Andhra Pradesh Education and Welfare Infrastructure Development Corporation
B Krishna Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
