Allowed

S. Abid v. The State of Andhra Pradesh

Andhra Pradesh HC18 Dec 2024WP/814/2024

Case brief

AI extract

What is this about?

This Writ Petition sought a mandamus directing the State Housing Corporation to release delayed bill amounts totaling Rs. 29,48,239/- for executed works. The Court directed the release of Rs. 28,34,756/-, rejecting the plea of budgetary shortage but allowing a delay contingent on budget release.

What did the court decide?

Direction to release Rs. 28,34,756/- to the claimant within three weeks.

S. Abid Vs The State of Andhra Pradesh — Contract and Commercial Disputes | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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j
I

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMIMAGADDA

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WRIT PETITION NO: 814 DF 2024

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Between:

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^ I', 32 years, Occ Contractor, R/0. 5-150, Patha maseedu veedhi. Filer, Annamayya^District.

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Shaik habeeb, S/o. Shaik Chan Basha, Aged about 36 years Occ Contractor, D.No.3-238, Yerramreddy gutta, Ajantha Thater Road Filer Annamaiah District.

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Shaik Apsana Begum, D/o, Late S. Magbul Basha, Aged about 33 3-240/3-4, D T Sreenivasulu Compound

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Filer Mandal, Ajantha Talkies Road, Filer, Chittoor District.

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Mahasamudram Thejavathi, W/o. M. Hari Frasad Reddy Aged 44 PHe^Ann" n^' ^''^^^vathi nagar. Filer mandal. Filer, Annamayya District.

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M. Hari Prasad Reddy, S/o, M. Subramanyam Reddy, Aged about 47 years, Occ Contractor, R/o. 000 Chintha penta, Ammagari Palle,

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Chintha penta, Annamayya District.

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V.M. Apsana Kousar, C/o. S. Abid, Aged about 26 years, Occ Business R/o. 5-150, Patha maseedu veedhi Filer, Annamayya District.

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...Petitioners

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AND

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The State of Andhra Pradesh, Rep. by Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravath'i.

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The District Collector/ Executive Director, AP State Housing Corporation

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Limited, Annamaiah District at Rayachoti'.

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The Managing Director, Andhra Pradesh State Housing Corporation Limited, Vijayawada, Krishna District.

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The Project Director, Andhra Pradesh State Housing Corporation Limited, Machilipatnam, Krishna District.

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The Division Head, Housing, AP State Housing Corporation Limited, Rayachoti Division, Annamaiah District.

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The District Head Housing (FAC), AP State Housing Corporation Limited, Rayachoti Division, Annamaiah District

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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...Respondents

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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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of 1st and final bill amount of Rs.4,99,837/Rs.4,99,837/-, Rs.4,99,457/Rs.4,99,457/-, Rs.4,49,814/and Rs. 4,99,837/- respectively Totally an amount of Rs. 29,48,239/- even after finalizing the bills payable to the petitioners in relation to the works i.e. Jungle Clearance and Stone Plantation in APIIC - III Layout (ID.No.02174LA004074) Mudupulavemula Grama Panchayat of Jaganna Housing Layout Colony of Piler Mandal, Annamayya District and Land Leveling in APIIC III Layout (ID.NO.02174LA004074) Mudupulavemula, Mudupulavemula Grama Panchayat of Jaganna Housing Layout Colony of Piler Mandal, Annamayya District is questioned as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amount of Rs.4,99,837/-, Rs.4,99,837/-, Rs.4,99,457/- Rs.4,99,457/Rs.4,49,814/- and Rs.4,99,837/respectively Totally an amount of Rs. 29,48,239/- with Interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith.

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lA NO: 1 OF 2024

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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 consider for payment of amount of Rs.4,99,837/-, R .4,99,837/-, Rs.4,99,457/Rs.4,99,457/-, Rs.4,49,814/-, and Rs. 4,99,837/- respectively Totally an amount of^{Rs.29,48,239/-even} after finalizing the bills payable to the petitioner^{inrelationtotheworks} i.e. "Jungle Clearance and Stone Plantation in APIIC Ill Layout (ID.NO.02174LA004074) Mudupulavemula Grama Panchayat of Jaganna Housing Layout Colony of Piler Mandal, Annamayya District and Land Leveling in APIIC III Layout (ID.No.02174LA004074) Mudupulavemula Mudupulavemula Grama Panchayat of Jaganna Housing Layout^Colonyof Piler mandal, Annamayya District, pending disposal^{oftheWritPetition.}

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Counsel for the Petitioner: SRI. SURESH KUMAR REDDY^KALAVA

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Counsel for the Respondent Nos. 1&2: GP FOR REVENUE

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Counsel for the Respondent Nos. 3 to 6: SRI E V JAGANNADHAM^SC FOR AP HOUSING COOP LTD.

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Counsel for the Respondent No. 7: GP FOR FINANCE PLANNING

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The Court made the following order:

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APHC010011042024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3329]

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THURSDAY ,THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WPIT PFTITION NO: 814/2024

Between:

S. Abid and Others

...PETITIONER(S)

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S);

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1.SURESH KUMAR REDDY KALAVA

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Counsel for the Respondent(S).

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1,GP FOR REVENUE (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 instant Writ Petition under Article 226 of the^{Constitutionof}

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India is filed by the Petitioners for the following relief;

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other appropriate writ or direction

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“ to issue a writ of mandamus or any dsclaring the action of the Respondents in -^holding^{meP^aymen,} and final bill ambunC of Rs.4,99,837/-

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Rs.4,99,457/-, Rs.4,49,814/- and Rs.4,99,837/-, respectively Totally an amount of Rs,29,48,239/- even after finalizing the bills payable to the petitioners in relation to the works i.e., “Jungle Clearance and Stone Plantation in APIIC-III Layout (ID No.02174LA004074), Mudupulavemula Grama Panchayat of Jagananna Housing Layout Colony of Piler Mandal, Annamayya District and Land Leveling in APIIC-III Layout (ID NO.02174LA004074) Mudupulavemula Grama Panchayat of Jagananna Housing Layout Colony of Piler Mandal, Annamayya District, IS questioned as the same is illegal, arbitrary and consequently^directthe respondents to consider for payment of amount of Rs.4,99,837/-, Rs.4,99,837/-, Rs.4,99,457/-, Rs.4,99,457/-, Rs.4,49,814/and Rs.4,99,837/-, respectively Totally an amount of Rs.29,48,239/with interest @ 24% per annum for the delayed amount to the petitioners in respect of execution of above mentioned work forthwith and pass..”

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The petitioners had been awarded various works contract in APIICIll Layout (ID No.02174LA004074) of Mudupulavemula Grama Panchayat of Jagananna Housing Layout Colony of Piler Mandal, Annamayya District. After execution of the said contracts,^{finalbillswere} prepared for a sum of total of Rs.29,48,239/as per^{thesanctioned} orders. As the payment of the said amount has not been made by the respondents, the petitioners have approached this Court by way of this writ petition.

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3 It is the contention of the petitioners 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 petitioners contend that such non-payment of money is clearly arbitrary and high handed requiring the interference of this Court.

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This Court, in various orders, including the judgment^ofalearned W.P.No.10038 of 2021 Single Judge of this Court dated 05.10.2021 in and batch had taken the view that such non-payment^{ofduesisarbitrary} and that such dues need to be cleared by the respondents^{attheearliest.}

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On the other hand, learned Standing Counsel furnished written instructions dated 16.12.2024 issued by Respondent^{No.3whileadmitting} about the claim of the petitioners submit that, the contractor had submitted bills amounting to Rs.29,98,842/- for the^{workscompletedby} him and same were forwarded to the Managing Director of APSHCL by the DHH, Annamayya for release of funds. Subject to^{finalscrutiny,} it is submitted that an amount of Rs.28,34,756/- be released to the DHH, Annamayya for the further release of eligible amount payable to the Rs.29,48,239/- and further Petitioner against the prayer amount i.e. stated that, since the budget was not released by the^{Government,the} bills were not paid to the petitioners. Soon after release of^thebudgetby the Government, the bills will be paid to the petitioners.

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In view of the aforesaid directions of this Court in various^casesand after hearing the submissions of learned counsel for the petitioners^and learned Government Pleader for the Respondents, this^WritPetition is disposed of with a direction to the respondents to^{releasetheamountof} Rs.28,34,756/- to the petitioners, in view of the judgment^oftheHonble

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Division Bench of this Court in Writ Appeal No.724^of2021 and batch dated 12.10.2023, within a period of three weeks from the date of receipt of a copy of this order. There shall be no order as^tocosts.

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Consequently, Miscellaneous Petitions, if any, pending in this Writ

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Petition shall stand closed.

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Sd/- M. SRINIVAS assistant REGI^r //TRUE COPY//

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To,

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SECTION OFFICER

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The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi.

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The District Collector/ Executive Director, AP State Housing Corporation

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Limited, Annamaiah District at Rayachoti.

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The Managing Director, Andhra Pradesh State Housing Corporation Limited, Vijayawada, Krishna District.

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The Project Director, Andhra Pradesh State Housing Corporation Limited, Machilipatnam, Krishna District.

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The Division Head, Housing, AP State Housing Corporation Limited, Rayachoti Division, Annamaiah District.

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The District Head Housing (FAC), AP State Housing Corporation Limited, Rayachoti Division, Annamaiah District.

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The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buiidings, Veiagapudi, Amaravathi Guntur District.

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One CC to Sri. Suresh Kumar Reddy Kalava Advocate [OPUC]

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One CC to Sri. E V Jagannadham SC for AP State Housing Coop Ltd

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[OPUC]

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Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]

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Two CCs to GP for Finance Planning, High Court Of Andhra Pradesh. [OUT]

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Three CD Copies

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GSC

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HIGH COURT DATED: 19/12/2024

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ORDER

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WP.No.814 of 2024

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'g 0 9 JAN 2025 ^
^ . Current Section

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DISPOSING OF THE WP

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WITHOUT COSTS

S. Abid v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

S. Abid v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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