Petitioner filed a writ petition challenging non-payment of dues for executed housing works. The court noted an admitted liability of Rs. 16,49,535/- and directed its release with interest within two months.
Direction to release admitted dues of Rs. 16,49,535/- with 6% per annum interest within two 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.
■?> , -I
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY. THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
i
|
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7530 OF 2024
Between;
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed 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 declaring the action of the respondents in not releasing the payments for the works executed by the Petitioner in relation to development of housing colony at Share Mohammadpeta village, Jaggaiahpets Mandal, NTR District to the tune of Rs.8,31,634/- (Rupees Eight Lakhs Thirty One Thousand Six hundred and Thirty Four only) for work ID 060750105008171114, layout ID 0615LA104160 and Rs.8,20,232/(Rupees Eight lakhs Twenty Thousand Two Hundred and Thirty Two only) for work ID 060750105008171115, layout ID 0615LA104160 totaling Rs. 16,51,866/- (Rupees Sixteen lakhs Fifty One Thousand and Eight Hundred Sixty Six only) as bad, illegal, arbitraiy and violativeofArticles14and21of the Constitution of India and consequently direct the respondents forthwith release the payments due to the petitioner to the tune of Rs. 16,51,866/(Rupees Sixteen lakhs Fifty One Thousand and Eight Hundred Sixty Six only) along with interest from the date of entry inM-Books.
lA NO: 1 OF 2024
Petition under Section 151 CPC is filed 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 forthwith release the payments for the works executed by the Petitioner in relation to development of housing colony at Share Mohammadpeta village, Jaggaiahpets Mandal, NTR District to the tune of Rs.8,31,634/- (Rupees Eight Laikhs Thirty One Thousand Six hundred and Thirty Four only) for work ID 060750105008171114, layout ID 0615LA104160 and Rs.8,20,232/(Rupees Eight lakhs Twenty Thousand Two Hundred and Thirty Two only) for work ID 060750105008171115, layout ID 0615LA104160 totaling Rs. 16,51,866/- (Rupees Sixteen lakhs Fifty One Thousand and Eight Hundred Sixty Six only).
Counsel for the Petitioner: SRI D. V. SASIDHAR
Counsel for the Respondent No.1: GP FOR HOUSING
Counsel for the Respondent No.2: GP FOR FINANCE ANDPLANNING Counsel for the Respondent Nos.3 & 4: SRI E.V- JAGANNADHARAO,SC FOR APSHCL
Counsel for the Respondent No.5: GP FOR REVENUE Counsel for the Respondent No.6: GP FOR IRRIGATION&CAD Counsel for the Respondent No.7: SRI M.S.R. CHANDRAMURTHY,SC FOR MGNREGS
Counsel for the Respondent Nos.8 & 9: SRI N. SRIHARI,SCFORZPP,
MPP & GRAM PANCHAYAT
The Court made the following: ORDER
APHC010144782024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3329]
(Special Original Jurisdiction)
THURSDAY .THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 7530/2024
Between:
More Vinod
...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.D VSASIDHAR
Counsel for the Respondent(S):
3.GP FOR REVENUE
4.M S R CHANDRA MURTHY
5.N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT)
6.NSRIHARI
7.GP FOR IRRIGATION COMM AREA DEV
8.GP FOR HOUSING
The Court made the following:
ORDER:
- The petitioner had been awarded the contract of work(s) in Krishna District. After execution of the said contract, a finai biii was prepared for a sum of Rs. 16,51,866/- 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.
A'
learned counsel for the Respondents, this Writ Petition is disposed of with a direction to the respondents to release the amountofRs. 16,49,535/-tothe petitioner, along with the interest @ 6% per annum,inviewofthe judgmentof the Hon’ble Division Bench of this Court in Writ AppealNo.724of2021and batch dated 12.10,2023, within a period of two monthsfromthedateofreceipt of a copy of this order. It would also be open to thepetitionertoagitatehis claim for higher fate of interest and due/differentialamount,ifany,payableby the respondents, in an appropriate forum. There shallbenoorderastocosts.
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
SD/- B. CHiTTi Joseph ASSISTANT, REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
I
- One CC to Sri E.V. Jagannadha Rao, SC for APSHCL[OPUC]
- One CC to Sri M.S.R Chandra Murthy, SC for MGNREGS[OPUC]
- One CC to Sri N. Srihari, SC for ZPP, MPP & Gram Panchayat[OPUC]
- Two CCs to GP for Housing, High Court of Andhra Pradesh. [OUT]
- Two CC’s to GP for Finance and Planning, High CourtofA.P.at Amaravati[OUT]
- Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT]
- Two CCs to GP for Irrigation and CAD, High Court ofA.P.at Amaravati[OUT]
- Three CD Copies. ssb ' I .•
1 -J
L
/
COURT
/f*
h ■*
•t.
DATED:11/07/2024
ORDER WP.No.7530 of 2024
DISPOSING OF THE W.P. WITHOUT COSTS
2 issues framed by the court
Whether the High Court should direct the respondents to pay the admitted unpaid amount to the contractor invoking jurisdiction under Article 226.
Whether the arrears of payment for executed housing works amount to arbitrary and illegal detention requiring judicial interference.
More Vinod
The State of Andhra Pradesh
A.P State Housing Corporation Limited
District Water Management Authority
Gram Panchayat Share Mohammadpeta Village
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
