M/S Pragathi Associates Vs the State of Andhra Pradesh

M/S PRAGATHI ASSOCIATES, REP. BY ITS MANAGING PARTNER, YANNAM VENKATA MALLA REDDY S/O. Y.P.V. SUBBA REDDY, HINDU, AGED ABOUT 52 YEARS. CIVIL CONTRACTOR, R/O. D.NO.1/67-20-B, PENDEKANTINAGAR, BANAGANAPALLE - 518124, POST AND MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRI. SECRETARY, SCHOOL EDUCATION DEPARTMENT, AP SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT.

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THE ENGINEER IN CHIEF/MANAGING DIRECTOR, A.P.E.W.I.D.C., D.NO. 7-96, SRI SAI FORTUNE HEIGHTS, BLACK-A, VADDESWARAM VILLAGE, TADEPALLI POST AND MANDAL, PIN - 522502, GUNTUR DISTRICT.

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THE SUPERINTENDING ENGINEER, A.P.E.W.I.D.C., D.NO.36/278, GROUND FLOOR, S.V. NAGAR, CHINNA CHOWK, KADAPA - 516002.

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THE DY EXECUTIVE ENGINEER, A.P.E.W.I.D.C., O/O. SUPERINTENDING ENGINEER, D.NO.36/278, GROUND FLOOR, S.V. NAGAR, CHINNA CHOWK, KADAPA - 516002.

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THE EXECUTIVE ENGINEER, A.P.E.W.I.D.C. DIVISION, KURNOOL (DIST.) - 518124, A.P.

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRI. SECRETARY, FINANCE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI,

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2

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AMARAVATI, GUNTUR 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 WRIT OF MANDAMUS declaring the action Respondents in with holding the payment for an amount of Rs.5,63,371/even after finalizing the Bills payable to the Petitioner in connection with the name of work i.e., maintenance to Hostel Building SGPR Govt. Polytechnic, Kurnool District, Administrative sanction proceeding Rc.No.EHE 021948/25/2018, KSEC CTE dated 08-08- 2018. Commissioner of Technical Education -A.P., Vijayawada Rs.8.00 Lakhs and Reference of Agreement EE/EWIDC /KRNL/HD/2018-19 dated 26-11-2018 as the same is illegal arbitration and unconstitutional and consequently direct the Respondents to consider the payment of an amount of Rs.5,63,371/- to the Petitioner in respect of the execution of the above said work 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 the Respondents to consider for payment of amount Rs.5,63,371/- even after finalizing the Bills dated 03-08-2020 payable to the Petitioner in connection with the work maintenance to Hostel Building SGPR Govt. Polytechnic, Kurnool District reference of Agreement EE/EWIDC/KRNL/HD/2018-19 dated 26-11-2018 together with interest from 03-08-2020 till date; of Department pending disposal of the Writ Petition and pass

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Counsel for the Petitioner:

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1.VENKATA LAKSHMINARASIMHA RAO RAYAPATI

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Counsel for the Respondent(S):

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1.GP FOR SOCIAL WELFARE

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2.GP FOR SCHOOL EDUCATION

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3.GP FOR FINANCE PLANNING

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The Court made the following:

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3

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24247/2024

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ORDER :-

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Heard Sri Venkata Lakshminarasimha Rao Rayapati, learned counsel for the petitioner and learned Government Pleader for School Education, appearing for the respondents.

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The grievance of the petitioner in the instant writ petition is against the action of the respondents in withholding the payment of Rs.5,63,371/- due to the petitioner, pursuant to the execution of civil works namely, maintenance of Hostel Buildings of the Government Polytechnic, Kurnool District.

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When the matter has been taken up for hearing, learned Government Pleader for School Education, has placed before the Court a copy of the instructions received by him in the case. A perusal of the same would reflect that the bill for remittance of Rs.6,66,498/- has been submitted, however the same is kept pending for fund clearance .

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Having regard to the same, this Court deems it appropriate to dispose of the writ petition directing the respondents to remit the amount payable to the petitioner within a period of three (03) months from the date of receipt of a copy of this order.

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