Sri Sri Vigneswara Constructions Vs the State of Ap

SRI SRI VIGNESWARA CONSTRUCTIONS, , REP BY V. SURESH REDDY, D NO 25-27-B, BESIDE TOURIST HOTEL, SANJEEVA NAGAR, NANDYAL, NANDYAL DISTRICT PREVIOUSLY KUMOOL DISTRICT.

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...PETITIONER

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AND

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THE STATE OF AP, REPRESENTED BY ITS. PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, GUNTUR 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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THE MUNICIPAL COMMISSIONER, PULIVENDULA, YSR KADAPA DISTRICT.

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THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT.

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THE MUNICIPAL ENGINEER, PULIVENDULA, YSR KADAPA DISTRICT.

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THE ASSISTANT ENGINEER, PULIVENDULA MUNICIPALITY, PULIVENDULA, YSR KADAPA DISTRICT.

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THE ENGINEER IN CHIEF, PUBLIC HEALTH, AND MUNICIPAL

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ENGINEERING DEPARTMENT, TADEPALLI, GUNTUR.

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THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO.29-2-52, MANASA COMPLEX,RAMA MANDIRAM STREET, GOVEMORPET, VIJAYAWADA, .. .

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...RESPONDENT(S):

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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 topleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the final bill amount of Rs 1,21,11,853/- to the petitioner including interest for the work 1) Development of Markets in Pulivendula Municipality Under Pulivendula Area Development Agency (PADA) Funds, in pursuance of Agreement with the 3rd respondent Vide Agreement No. 42/2021/22 dated 03.11.2021, as being illegal, arbitrary, violation of principles of natural justice and Unconstitutional and consequently direct the respondents to pay undisputed final bill amount of Rs 1,21,11,853/- to the petitioner including interest for the work 1) Development of Markets in Pulivendula Municipality Under Pulivendula Area Development Agency (PADA) Funds, in pursuance of Agreement with the 3rd respondent Vide Agreement No. 42/2021/22 dated 03.11.2021, and to pass

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IA 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 pleased to direct the respondents to release undisputed final bill amount of Rs 1,21,11,853/- to the petitioner including interest for the works in pursuance of Agreement with the 3rd respondent Vide Agreement No. 42/2021/22 dated 03.11.2021, pending disposal of the writ petition and pass

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Counsel for the Petitioner:

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1.KOPPARTHI SUMATHI

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Counsel for the Respondent(S):

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1.N RANGA REDDY

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2.GP MUNCIPAL ADMN AND URBAN DEV AP

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3.GP FOR FINANCE PLANNING

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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17391 of 2024

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ORDER:

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The learned counsel for the petitioner submits that the 3^rd respondent - Corporation had invited tenders for the works viz., (i) Development of Markets in Pulivendula Municipality Under Pulivendula Area Development Agency (PADA) Funds, in pursuance of Agreement with the 3^rd respondent vide agreement No.42/2021/33, dated 03.11.2021, for an amount of Rs.1,21,11,853/- and (ii) Development of Markets in Pulivendula Municipality under Pulivendula Area Development Agency (PADA) Funds, in pursuance of agreement with 3^rd respondent vide Agreement No.42/2021/22, dated 03.11.2021 , respectively.

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The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book and the final quality certificates were also issued in confirmation of due completion. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date.

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Heard the submissions of the learned counsel for the petitioner, 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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During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken.

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Considering the submissions, respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) weeks from the date of

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