Allowed

Nelapati Ramesh, v. The State of Andhra Pradesh

Andhra Pradesh HC1 Feb 2024WP/898/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking release of bill amounts for completed desilting works under Neeru Chettu programme. The Court directed the respondents to pay the bill amount along with interest within six weeks due to lack of justification for withholding payment.

What did the court decide?

Directed respondents to pay the bill amount along with interest @ 6% p.a. within six weeks from receipt of order.

Nelapati Ramesh, Vs The State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY. THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 898 OF 2022

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Between:

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Nelapati Ramesh, S/o.Nelapati Pedda Venkaiah, Aged about 63 years, R/o. H.No.66, Rangasamudram Village, Dagadarthi Mandal, SPSR^{NelloreDistrict.} ...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by Principal Secretary to Government, Irrigation Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh - 522 238.

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The State of Andhra Pradesh., Rep. by Principal Secretary to Government, Finance Department, A.P. Secretariat, Velagapudi, Amaravathi,^Guntur District, Andhra Pradesh - 522 238.

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The Director of Works and Accounts, 3^'* Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District- 521456.

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The District Collector., SPSR Nellore District. 5. The Executive Engineer, Nellore North Division, Nellore, SPSR Nellore District.

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The Deputy Executive Engineer., Irrigation sub-Division,Kvali SPSR Nellore District.

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The Assistant Executive Engineer, Section 2, Bitragunta.^SPSRNellore District.

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The Superintending Engineer, Irrigation Circle, Nellore, Nellore District. 9. The Assistant Pay and Accounts Officer, Works Accounts Nellore, Nellore 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, order or direction more particularly^one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of work in terms of the Agreement Number.78 DN/2018-19 dated 19.09.2018 with the Measurement Book (M-Book) No. 4068-B, for the works executed by the petitioner, under the Neeru Chettu program, approved for payment and entered in the CFMS (Comprehensive Financial Management System), even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the

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Constitution of India, apart from being contrary to^{theordersofthisHon'bleCourt} issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect^{oftheworksexecuted} by the petitioner under the aforesaid agreements, along^with interest accrued on the said amounts from the due date till the date of payment.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the^{circumstancesstatedin} the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to forthwith pay the final bill amounts payable to the Petitioner in relation to the works executed by him under "Neeru-Chettu" programme with the Agreement Number. 78 DN/2018-19^dated 19.09.2018 with the Measurement Book (M-Book) No. 4068-B, for the works executed by the petitioner with the total cost of Rs.7,58,555/- pending disposal of the main Writ Petition.

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Counsel for the Petitioner : SRI T. VENU GOPAL

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Counsel for the Respondent Nos.1, 3, 5 to 8: GP FOR^{IRRIGATION&COMMON} AREA DEVELOPMENT Counsel for the Respondent Nos.2 & 9 : GP FOR FINANCE^ANDPLANNING

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Counsel for the Respondent No.4: GP FOR REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No.898 Of 2022

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ORDER; -

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The petitioner seeks writ of mandamus to declare the^actionofthe respondents in not releasing the bill amounts admittedly^due even after finalizing the bills, payable to the petitioner after successful completion of the execution of works i.e., Desilting the Foreshore^{areaoftankbed} in Rangasamudram tank in Rangasamudram Village in Dagadarthi Mandal, SPSR Nellore District under Agreement No.78 DN/2018-19 dated 19.09.2018 for Neeru-Chettu” programme duly approved by the respondents, as illegal, arbitrary and violative of principles of natural justice and for a consequential direction.

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The petitioner’s case is that, the petitioner has undertaken^certain repair works in Nellore District and successfully completed^{thoseworks.On} completion of the agreed works, the respondent authorities did not pay the amount till date. Though the works were completed long^backand the default liability period of two years was also completed, still, the respondent authorities have not returned the amount. Hence, the writ petition is preferred seeking a direction to the respondents to pay the amount with interest.

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Heard. No counter is filed by the respondents.

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As can be seen, the petitioner’s case is a pitiable one. The petitioner has successfully completed the agreed works to the satisfaction of the authorities. However, the bill amount was withheld and not returned, most importantly, without any reason.

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Though this Court passed an interim order on 17.01.2022, directing the respondents to release the subject bill amounts and pay to the petitioner, within a period of six (06) weeks, the same was not paid. It is imperative for public authorities to recognize their responsibility and promptly fulfil contractual obligations by paying the agreed-upon amounts to contractors. Failing to do so not only jeopardizes future contractor engagement but also undermines the quality of work delivered. In the present case, the withholding of the bill amount lacks justification. Therefore, it is only fair for the petitioner to receive the payment owed to them, along with interest.

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Hence, writ petition is disposed of, directing the respondent authorities to pay the bill amount covered under Agreement No.78 DN/2018-19 dated 19.09.2018 to the petitioner along with the interest @ 6% per annum, in view of the judgment of the Hon’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) weeks from the date of receipt of a copy of this order.

VriH*

It would also be open to the petitioner to agitate^{hisclaimdifferential} amount/higher rate of interest, if any payable by the respondents, in an

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appropriate forum. There shall be no order as to costs.

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Consequently, miscellaneous applications pending, if any, shall stand

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closed.

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Sd/- M. PRABHAKAR RAO ASSISTANT registrar

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary to Government, Irrigation Department,^Stateof Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh - 522 238.

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The Principal Secretary to Government, Finance Department,^{StateofAndhra} Pradesh., A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh - 522 238.

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The Director of Works and Accounts, 3'’'‘ Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District- 521456.

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The District Collector, SPSR Nellore District.

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The Executive Engineer, Nellore North Division, Nellore, SPSR Nellore District.

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The Deputy Executive Engineer, Irrigation sub-Division,Kvali, SPSR Nellore District.

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The Assistant Executive Engineer, Section 2, Bitragunta.^SPSRNellore District.

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The Superintending Engineer, Irrigation Circle, Nellore, Nellore^District. 9. The Assistant Pay and Accounts Officer, Works Accounts Nellore, Nellore District.

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One CC to Sri T. Venu Gopal, Advocate [OPUC] 11.Two CCs to GP for Irrigation & Common Area Development, Fligh Court of Andhra Pradesh. [OUT]

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Two CCs to GP for Finance & Planning, Fligh Court^{ofAndhraPradesh} [OUT]

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Two CCs to GP for Revenue, Fligh Court of Andhra Pradesh. [OUT] 14. Three C.D. Copies. Cnr gl

HIGH COURT

DATED: 02/02/2024

ORDER

WP.No.898 of 2022

of ANOi^Ss,
ro
5 2 8 MAY 20?'» I

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DISPOSING OF THE W.P. WITHOUT COSTS

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n __SrJ ^vjo^js^oSH

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♦_*

Nelapati Ramesh, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Nelapati Ramesh, v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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