Kuntamukkala Venkata Srinivasa Buchi Rayudu Vs the State of Andhra Pradesh

KUNTAMUKKALA VENKATA SRINIVASA BUCHI RAYUDU, S/O. SUBBARAO, AGED 55 YEARS, OCC CONTRACTOR, R/O. D.NO. 3551-6/2, FLAT NO. 305, SRINIVASA TOWERS, YERRAPRAGADAVARI STREET, TANUKU, WEST GODAVARI DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOUSING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THUIIUR MANDAL, GUNTUR DISTRICT.

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STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THUIIUR MANDAL, GUNTUR DISTRICT.

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A P STATE HOUSING CORPORATION LTD, 2ND FLOOR, SP RIVER VIEW BUILDING, TADEPALLI, AMARAVATI, REP. BY ITS MANAGING DIRECTOR.

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THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM.

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THE PROJECT DIRECTOR, A.P. STATE HOUSING CORPORATION LTD, WEST GODAVARI DISTRICT, BHIMAVARAM.

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THE DISTRICT HEADHOUSING, WEST GODAVARI DISTRICT, BHIMAVARAM.

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EXECUTIVE ENGINEER, PANCHAYAT RAJ P.R.P.I.U. DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT.

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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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works executed by the Petitioner for Internal Roads in Duvva Village in Tanuku Mandal, West Godavari District i.e., i) Providing Internal Roads Near Muddapuram Road Bit-1 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 90,388/-, ii) Providing Internal Roads Near Muddapuram Road Bit-2 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 87,163/-, iii) Providing Internal Roads Near Muddapuram Road Bit-3 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 90,385/-, iv) Providing Internal Roads Near Muddapuram Road Bit-4 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs.85,957/-, v) Providing Internal Roads Near Muddapuram Road Bit-5 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs.90,392/-, vi) Providing Internal Roads Near Muddapuram Road Bit-6 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 3,31,177/-, vii) Providing Internal Roads Near Muddapuram Road Bit-7 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,42,194/-, viii) Providing Internal Roads Near Muddapuram Road Bit-8 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,40,406/-, ix) Providing Internal Roads Near Muddapuram Road Bit-9 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,45,586/-, x) Providing Internal Roads Near Muddapuram Road Bit-10 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,40,803/-, xi) Providing Internal Roads Near Muddapuram Road Bit-11 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,44,015/-, xii) Providing Internal Roads Near Muddapuram Road Bit-12 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,40,450/-, xiii) Providing Internal Roads Near Muddapuram Road Bit- 13 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,44,913/-, xiv) Providing Internal

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Roads Near Muddapuram Road Bit-14 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,21,943/-, xv) Providing Internal Roads Near Muddapuram Road Bit-15 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,35,662/-and xvi) Providing Internal Roads Near Muddapuram Road Bit-16 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 87,288/- totaling an amount of Rs. 48,18,722/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 48,18,722/- forthwith for the above said works executed by the petitioner and 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 respondents to consider for payment of amount of Rs. 48,18,722/- for the works executed by the petitioner for Internal Roads in Duvva Village in Tanuku Mandal, West Godavari District i.e., i) Providing Internal Roads Near Muddapuram Road Bit-1 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 90,388/-, ii) Providing Internal Roads Near Muddapuram Road Bit-2 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 87,163/-, iii) Providing Internal Roads Near Muddapuram Road Bit-3 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 90,385/-, iv) Providing Internal Roads Near Muddapuram Road Bit-4 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs.85,957/-, v) Providing Internal Roads Near Muddapuram Road Bit-5 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs.90,392/-, vi) Providing Internal Roads Near Muddapuram Road Bit-6 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 3,31,177/-, vii) Providing Internal Roads Near Muddapuram Road Bit-7 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,42,194/-, viii) Providing Internal Roads Near Muddapuram Road Bit-8 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,40,406/-, ix) Providing Internal Roads Near Muddapuram Road Bit- 9 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,45,586/-, x) Providing Internal Roads Near Muddapuram Road Bit-10 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs, 4,40,803/-, xi) Providing Internal Roads Near Muddapuram Road Bit-11 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,44,015/-, xii) Providing Internal Roads Near Muddapuram Road Bit-12 in Duvva Village of Tanuku

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Mandal, West Godavari District for an amount of Rs. 4,40,450/-, xiii) Providing Internal Roads Near Muddapuram Road Bit-13 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,44,913/-, xiv) Providing Internal Roads Near Muddapuram Road Bit-14 in Duwa Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,21,943/-, xv) Providing Internal Roads Near Muddapuram Road Bit- 15 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 4,35,662/- and xvi) Providing Internal Roads Near Muddapuram Road Bit-16 in Duvva Village of Tanuku Mandal, West Godavari District for an amount of Rs. 87,288/totaling an amount of Rs. 48,18,722/-forthwith, pending disposal of the main Writ Petition and pass

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Counsel for the Petitioner:

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1.RAMBABU KOPPINEEDI

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Counsel for the Respondent(S):

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1.K MALLIKHARJUNA MOORTHY

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2.GP FOR PANCHAYAT RAJ RURAL DEV

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3.GP FOR HOUSING

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4.GP FOR FINANCE PLANNING

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No.20494 of 2024

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ORDER:

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The petitioner has been awarded the contract of work(s) under the subject scheme in West Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.48,18,722/- 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.

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.48,18,722/-, no payment is being made. The petitioner contends 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 of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

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On the other hand, learned Standing Counsel for the Corporation has placed on record the written instructions received from the District HeadHousing, West Godavari District admitting net amount of Rs.48,18,722/- is payable to the petitioner. But, the subject bill was not uploaded for payment.

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Soon after uploading of the bill, an amount of Rs.48,18,722/- will be paid to the petitioner.

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In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Standing Counsel for AP Housing Corporation, this Writ Petition is disposed of with a direction to the respondents to release the net amount of Rs.48,18,722/- to the petitioner, within a period of three(3) months. No order as to costs.

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In fact there is no admission by the Respondents either in their Written Instructions regarding the payment of interest component or by oral submissions made by the Government Pleader/Standing Counsel for Respondents. Much less, the interest component as claimed by the petitioner was neither admitted nor approved at their final bills of the respondents. Hence, in the absence of any such admission, this Court is not inclined to grant any specific amount as it admitted under the head of interest. Therefore, the respondents are hereby directed to pay admitted amount of Rs.48,18,722/- within a period of three months from the date of receipt of copy of this order. As far as interest is concerned, if both parties have agreed regarding the quantum of amount towards interest, the same should be paid along with admitted amount, if not, petitioner is at liberty to submit a representation or a Memo of Statement requesting for payment of interest. If petitioner is entitled for the same, after such submission of representation or Memo, the concerned respondent authorities shall consider and pass

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appropriate orders after providing opportunity of hearing to both parties in case of rejection or reduction of interest amount claimed by the petitioner, within a period of three (03) months thereafter.

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