In a writ petition under Article 226, the petitioner challenged the respondents' non-payment of Rs. 52.62 lakhs for executed housing works, alleging arbitrarity. The Court directed release of the amount with 6% interest within two months.
Direct the respondents to release Rs. 52,62,485 along with 6% 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.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI,
(Special Original Jurisdiction)
THURSDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
c»<br>(C
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mm
PRESENT
THE HONOURABLE SRi JUSTiCE VENKATESVVARLU NIMMAGADDA WRiT PETiTiON NO: 7561 OF 2024
Between:
More Vinod, S/o ChinnaVeerabhadrarao, Aged about 37 Years, Occ: Contractor, R/o.Share Mohammadpeta Village, Jaggaiahpet Mandal, NTR District
...PETITIONER
AND
...RESPONDENTS
•r.
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 K:^t$ltut:d^of writ of MANDAMUS declaring the actionoftherespondentsinnot •-.Xffejeasing the payments for the works executed by the petitioner for development of housing colony in Chillakallu village,JaggaiahpetaMandal, NTR District for the layout ID 614LA104003 to the tuneofRs.13,75,314/- (Rupees Thirteen Lakhs Seventy Five Thousand Three hundred and Fourteen only) for work ID 060750104017170885, Rs.2,62,581/-(Rupees Two Lakhs Sixty Two Thousand Five Hundred and EightyOneonly)for work ID 060750104017170888, Rs. 15,56.202/- (RupeesFifteenlakhsFifty Six Thousand Two Hundred and Two only) for work ID 060750104017170889, Rs.12.72.886/- (Rupees Twelve lakhsSeventyTwo Thousand Eight Hundred and Eighty Six only) for work ID 060750104017170935 and Rs.7,95,502/- (Rupees Seven lakhs NinetyFive Thousand Five Hundred and Two only) for work ID 1060750104017170887, totaling Rs.52,62,485/- (Rupees Fifty Two lakhs SixtyTwoThousandand Four Hundred and Eighty Five only) as bad, illegal,arbitraryandviolativeof Articles 14 and 21 of the Constitution of Indiaand consequently direct the respondents to forthwith release the payments due tothepetitionerthetune of Rs.52,62,485/- (Rupees Fifty TWo lakhs Sixty TwoThousandandFour Hundred and Eighty Five only) along with interest fromthedateofentryin M-Books.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to forthwith releasethepaymentsfor the works executed by the petitioner for developmentofhousingcolonyin Chillakallu village, Jaggaiahpeta Mandal, NTR Districttothetune of Rs. 13,75,314/- (Rupees Thirteen Lakhs Seventy Five ThousandThreehundred
Counsel for the Petitioner: SRI P. 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 FORMGNREGS
Counsel for the Respondent Nos.8 & 9: SRI N. SRIHARI,SCFORZPP, MPP & GRAM PANCHAYAT
The Court made the following: ORDER
APHC010144762024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMijXRAVATI (Special Original Jurisdiction)
[3329]
THURSDAY .THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 7561/2024
Between:
...PETITIONER More Vinod,
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.D VSASIDHAR
Counsel for the Respondent(S):
1.E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOPLTD) 2.GP FOR FINANCE PLANNING
3.GP FOR REVENUE
4.M S R CHANDRA MURTHY
5.N SRIHARI (Standing Counsel for ZPP MPP and GRAMPANCHAYAT) 6.GP FOR IRRIGATION COMM AREA DEV
7.GP FOR HOUSING
The Court made the following:
rii
ORDER:
- The petitioner had been awarded various contract works in Krishna District. After execution of the said contract, a final bill was prepared for a sum of Rs.52,a2,485/- 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. 2. 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 nonpayment of money is clearly arbitrary and high-handed requiring the interference of this Court.
- On the other hand, learned counsel for Respondents about the claim of the petitioner placed on record the written instructions dated 11.07.2024 received from the Project Director, DWMA, NTR District admitting that amount payable to the petitioner. But, the subject bill was not uploaded for payment. Soon after uploading of the bill, the amounts will be paid to the petitioner.
counsel for the Respondents, this Writ Petition is disposed of with a direction to the respondents to release amount of Rs.52,62,485 /- to the petitioner along with the interest @ 6% per annum, in view of the judgmentoftheHon’ble Division Bench of this Court in Writ Appeal No.724of2021andbatchdated 12.10.2023, within a period of two months 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 and due/differential amount, if any payable by the respondents, in an appropriate forum. There shall be no order asto costs.
- Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
To,
SD/- K:SRINIVASA RAJU //TRUE COPY// ASSISTANT REGISTRAR \r^:CTION OFFICER
■.S'
- 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
HIGH COURT
DATED: 11/07/2024
!•
ORDER
WP.No.7561 of 2024
DISPOSING OF THE W.P. WITHOUT COSTS
2 issues framed by the court
Whether the non-payment of bills for executed contract works by the respondents amounts to arbitrarity violative of Articles 14 and 21 of the Constitution.
Whether this Court ought to direct the respondents to release the pending dues along with interest.
2 provisions across 1 enactments
More Vinod
The State of Andhra Pradesh
A.P State Housing Corporation Limited
District Water Management Authority
Gram Panchayat Chillakallu Village
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
