Mekala Suresh Vs the State of Ap

The Andhra Pradesh Housing Corporation Ltd., Plot No 11 and 12 Behind BSNL Telephone Exchange Auto Nagar, Vijayawada, Andhra Pradesh- 520007, Represented by its Managing Director.

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The Commissioner and Director of Municipal Administration Andhra Pradesh at Tadepalli, Guntur District

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The District Collector, Guntur District. Collectorate

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compound, Guntur.

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1. The Project Director, Andhra Pradesh Housing Corporation Ltd.,

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Guntur District, Swasakthi building. Collector Bungalow Road,Guntur.

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1. The Tenali Municipality, Rep. By its Commissioner, Tenali, 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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the admitted due respondents in not paying the amount of Rs 68,23,330 (Sixty eight lakhs three thousand three hundred twenty and thirty ) payable to petitioner in relation to 2 works executed for 7threspondent by the petitioner, under agreements Bearing Nos 473/2022-23 (dated 16-03-2023) and 475/2022-23 (dated 16-03-2023), respectively despite finalizing the bills as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs 68,23,330 (Sixty eight lakhs twenty three thousand three hundred and thirty ) payable to petitioner in relation to above 2 works executed for 7**^ respondent under the said agreements with an interest @ 12% per annum.

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lA NO: 1 OF 9()9A

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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 herein to release the due amount of Rs.68,23,330 (Sixty eight lakhs twenty three thousand three hundred and thirty only) payable to petitioner in relation to 2 works executed for 7*^ respondent under agreements Bearing No’s 473/2022-23 (dated 16-03-2023) and 475/2022-23 (dated 16-03-2023),within a stipulated time frame.

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Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent Nos.1,4 & 5:GP FOR MUNICIPAL administration and urban development Counsel for the Respondent No.2:GP FOR FINANCE & PLANNING

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Counsel for the Respondent Nos.3 & 6: SRI R. KALYAN

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CHAKRAVARTHY, SC FOR APHCL

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Counsel for the Respondent No.7:M/s. SIREESHA RANI VALLABHANENI,

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SC FOR MUNICIPALITIES

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The Court made the following order:

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ORDER:-

The learned counsel for the petitioner submits that^{thepetitionerhas} awarded the works of formation of internal road at^{Pedaravuru-2(Reach-3)layout} at Jagananna Colony in Tenali Municipality vide an^{AgreementNo.473/2022-23,} dated 16.03.2023 and formation of internal road at Pedaravuru-2^(Reach-2) layout at Jagananna Colony in Tenali Municipality (ii)^{AgreementNo.475/2022-} 23, dated 16.03.2023.

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The learned counsel further submits that the petitioner^dulyexecuted the works and thereafter submitted final bills for^{anamountofRs.68,23,330/-.} It is submitted that the said final bills were duly endorsed^{bythecompetent} authority. A statement detailing the works executed^{bythepetitionerwas} of the works was recorded in the prepared, and the progress M-book. However, in spite of the completion of all^{proceduralformalities,the} payment towards the completed works has not been released till date.

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Heard the submissions of the learned counsel for^{thepetitioner,the} learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and^Planning.

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The learned Standing Counsel appearing for the 7*^^{respondenthasfileda} counter that the completion of the works and the finalization^ofthe bill is not in dispute. However, it is submitted that the learned^{StandingCounselappearing}

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4

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for the 7‘^ respondent submits that though the works were executed for the 7*'’ th respondent, the payment has been released by the 6 respondent.

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Considering the submissions, there shall a direction to respondent Nos.2 to 7 to verify and release the payments due payable to the petitioner as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of this order.

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Accordingly, this writ petition is disposed off. There shall be no order as to costs.

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As a sequel, interlocutory applications pending, if any, shall stand closed.

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Sd/- K KASIRAO ACHARI //TRUE COPY// ASSISTANT REGISTRAR

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SECTION OFFICER

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To.

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The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh A.P Secretariat buildings. Velagapudi, Guntur District.

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The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, A.P Secretariat buildings Velagapudi, Guntur District.

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The Managing Director, Andhra Pradesh Housing Corporation^Ltd Plot No. 11 and 12 Behind BSNL Telephone Exchange Auto Nagar, Vijayawada, Andhra Pradesh- 520007.

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