Disposed

Akasam Srinivas v. the State of Ap

Andhra Pradesh HC8 Feb 2024WP/635/2024

Case brief

AI extract

What is this about?

A contractor sought release of an admitted final bill of Rs.26,65,424/- for irrigation operation and maintenance works under multiple agreements. The Government Pleader admitted the claim, citing lack of LOC. The Court directed payment within six weeks with interest at 6% per annum.

What did the court decide?

Direction to respondents to release Rs.26,65,424/- with 6% per annum interest within six weeks; miscellaneous petitions closed; no costs.

Akasam Srinivas Vs the State of Ap — Public Procurement and Tenders | Andhra Pradesh HC (2024)

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IN THE HIGH 0/= A/MDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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ninth DAY OF FEBRUARY 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: 635 OF

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Between:

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Akasam Srinivas. S/o. Sanyasi Aged about 57 Kandikuppa, DC. years. Occ President WUA r- Katrenikona. R/o. D.No 2-79/3 Kandikuppa. East Godavari District. Andhra Pradesh Kandikuppa Sivalaya m. ...PETITIONER AND

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Government

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Irrigation AND C^D^Wa^e^Re’soCrces Rerourc'^'^r^^'^'^rt^^'^ Buildings A P Secretarial ^ a Department. Secretariat

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1. The State S Andhra PranLY ^ '?,^^'' ^maravathi.^{GunturDistrict.} 3.

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Government of

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The Executive Engineer. Water Resource! Division. Amalapuram. Dr. BR ^Department. Godavari Central Ambedkar Konaseema District.

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...RESPONDENTS

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Stated in or

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direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.26.65,424/-, 1) Rs. 2,25,354/- vide its Agreement No. 42/ 2017-18 dated 13-08-2018 and Quality Control Certificate No. 24530 & 24612, for which the name of work was “Removal of Weed Growth on Kandikuppa Channel and its distributory system for Khariff & Rabi Crop (2018-19) in Kandikuppa W.U.A. Limits 2) Rs. 4,41,051/vide its Agreement No. 212/ 2018-19 dated 13-08-2018 and Quality Control Certificate Nos. 24608, for which the name of work was “Cost of diesel oil for lifting of water from Amalapuram drain in to Bank canal at Km. 68.500 in Location -1 for Supplementation to the standing crop for Rabi 2018-19 to the ayacut of Bank canal between Km. 68.500 to Km.75.860” 3) Rs. 3,73,986/- vide its Agreement No. 204/ 2018-19 dated 13-08-2018 and Quality Control Certificate Nos. 24610, for which the name of work was “Cost of diesel oil for lifting of water from drains/canals for Supplementation to the standing crop for Rabi 2018-19 to the ayacut of direct pipes on bank

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canal between Km. 69.310 to Km. 75.680 in Katrenikona Distributary Committee Limits , 4) Rs. 3,73,986/- vide its Agreement No. 199/ 2018-19 dated 13-08-2018 and Quality Control Certificate No. 24609, for which the name of work was “Cost of diesel oil for lifting of water from drains/canals for Supplementation to the standing crop for Rabi 2018-19 to the ayacut of direct pipes on bank canal between Km. 62.370 to Km. 69.310 in Katrenikona Distributary Committee Limits” 5) Rs. 1,42,832/vide its Agreement No. 45/ 2018-19 dated 13-08-2018 and M. Book No. 1114 GC /2017-18, for which the name of work was “Removal of debris and other floating bodies on bank canal tail end for the year (2018-10)”, 6) Rs. 3,45,938/- vide its Agreement No. 155 /2018-19 dated 13-08-2018 and Quality Control Certificate Nos. 24620, for which the name of work was Removal of Weed Growth on Bank canal Km. 62.400 to 69.310 for Khariff and Rabi Crop (2018-19) in Katrenikona Distributory Committee Limits 7) Rs. 3,21,176/- vide its Agreement No. 88 /2018-19 dated 13-08-2018 and Quality Control Certificate Nos. 24619 & 24526, for which the name of work was Removal of Weed Growth on Bank canal Km. 69.350 to 75.860 for Khariff and Rabi Crop (2018-19) in Katrenikona Distributory Committee Limits”, 8) Rs. 4,41,051/- vide its Agreement No. 193 /2018-19 dated 13-082018 and Quality Control Certificate Nos. 24607, for which the name of work was “Cost of diesel oil for lifting of water from Amalapuram drain in to Bank canal at Km. 68.300 in Location -2 for Supplementation to the standing crop for Rabi 2018-19 to the ayacut of Bank canal between Km.

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Rs. 26,65,424/- with 68.500 to Km.75.860”, for which the total amount was of completion of O&M works under 12% interest per annum for execution per agreement, to the petitioner till today and Irrigation Department as though total work was completed as causing heavy loss with interest even and violative of Articles 14, 16 and 21 per the agreement as illegal, arbitrary and consequentially to direct the respondents of the Constitution of India such other order or orders as this Hon’ble Court may releasing and to pass in the circumstances of the case. deems fit just and proper

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition,^{theHighCourtmaybepleasedto} direct the respondents releasing the Final Bill amount^{ofRs.26,65,424/-,forthe} said agreements and M Books for execution of completion^{ofO&Mworksunder} Irrigation Department as per agreement to the petitioner forthwith, 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^ANDCAD

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Counsel for the Respondent No.2: GP FOR FINANCE AND^PLANNING

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The Court made the following: ORDER

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APHC010007322024

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[3329]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(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 HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 635/2024

Between:

Akasam Srinivas

...PETITIONER

AND

The State Of Ap and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.ANNAMNEED1 BALAKRISHNA

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Counsel for the Respondent(S):

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1.GP FOR IRRI ANDCAD (AP)

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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 petitioner had been awarded the contract of work(s) under the subject scheme in East Godavari District. After^{executionofthe} said contract, a final bill was prepared for a sum of Rs.26,65,424/as per the sanctioned orders. As the payment of the^saidamount 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 petitioners are 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 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 to be cleared 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 counsel for the petitioner, learned Government Pleader for Irrigation this Writ Petition is disposed of with a direction to the respondents^torelease the amount of Rs.26,65,424/-. to the petitioner, along with the

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interest @ 6% per annum, in view of the judgment of^theHon'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 petitioner to agitate his claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There^shall be 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/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// Section officer

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To, 1. The Principle Secretary to Government, Irrigation AND CAD Water Resources Department, State of Andhra Pradesh, Secretariat Buildings, A.P. Secretariat Velagapudi, Amaravathi, Guntur District.

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1. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

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1. The District Collector, (Irrigation Wing) Amalapuram, Dr. BR Ambedkar Konaseema District.

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1. The Engineer -in-Chief, Minor and Major Irrigation Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, N.T.R District.

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1. The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada N T R District. . • • •

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1. The Superintending Engineer, Irrigation AND Water Resources Department, Irrigation Circle, Dowlaiswaram, East Godavari District.

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

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1. One CC to Sri Annamneedi Balakrishna, Advocate [OPUC] ?_ ® Irrigation and CAD, High Court of A.P. at AmaravatirOUTl 10. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT]

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1. Three CD Copies Ssb MBT

HIGH COURT

DATED: 09/02/2024

ORDER

WP.No.635 of 2024

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DISPOSING OF THE W.P. WITHOUT COSTS

Akasam Srinivas v. the State of Ap

Case brief

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Akasam Srinivas v. the State of Ap

Case brief

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