Allu Sankara Rao, Vs The State of Andhra Pradesh

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, YOUTH ADVANCEMENT OF TOURISM AND CULTURE (SPORTS), SECRETARIAT, VELAGAPUDI, AMARAVATI, A.P.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, A.P.

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THE V C AND M D A P HOUSING CORPORATION, NIRMAL BHAVAN, AUTONAGAR, VIJAYAWADA.

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THE CHIEF ENGINEER, O/O A.P.S.H.0 DEPARTMENT USHODAYA JUNCTION, VISAKHAPATNAM. A.P.

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THE PROJECT DIRECTOR, O/O A.P.S.H.O DEPARTMENT USHODAYA JUNCTION, VISAKHAPATNAM. A.P.

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THE SUPERINTENDING ENGINEER, O/O A.P.S.H.C. DEPARTMENT VIJAYAWADA. A.P.

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THE EXECUTIVE ENGINEER, O/O A.P.S.H.0 DEPARTMENT USHODAYA JUNCTION, VISAKHAPATNAM. A.P.

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THE PAY AND ACCOUNTS OFFICER, VISAKHAPATNAM DISTRICT, A.P.

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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 or Order or direction more particularly one in

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NV,J WP No.24371 of 2024

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the nature of Writ of Mandamus declaring the action of the respondents in not releasing the bill amount of Rs. 10,42,831/- as per First Agreement No. 2/L.S.VSP.2/2013-14 date18.05.2013 for Construction of Improvement/Modernization of Sports School Complex at Yelamanchali in Visakhapatnam District as is illegal, arbitrary and consequently direct the respondents to release the payment of bill amounts Rs. 10,42,831/- as per First Agreement No. 2/L.S.VSP.2/2013-14 date- 18.05.2013 for .Construction of Improvement/Modernization of Sports School Complex at Yelamanchali in Visakhapatnam District with interest for the delayed payment of amount to the petitioner

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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 the bill amount of Rs 10,42,831/as per First Agreement No. 2/L.S.VSP.2/2013-14 date: 18.05.2013 for Construction of Improvement/Modernization of Sports School Complex at Yelamanchili in Visakhapatnam District forthwith, pending disposal of the Writ Petition and pass

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Counsel for the Petitioner:

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1.RAYUDU SUDHA

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Counsel for the Respondent(S):

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1.GP FOR TOURISM

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2.MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED)

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3.GP FOR FINANCE PLANNING

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.24371 of 2024

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ORDER:

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The petitioner had been awarded the contract of work(s) under the subject scheme in Visakhapatnam District. After execution of the said contract, a final bill was prepared for a sum of Rs.10,42,831/- 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.10,42,831/-, 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 dated 06.07.2026 received from the District Head Housing, Andhra Pradesh State Housing Corporation Limited, admitting net amount of Rs.10,42,831/- payable to the petitioner. But, the subject bill was not uploaded for payment. Soon after uploading of the bill, an amount of Rs.10,42,831/- 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, this Writ Petition is disposed of with a direction to the respondents to release the net amount of Rs.10,42,831/- to the petitioner within a period of three (03) 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. However, the Petitioner is entitled for interest component as per the terms of Agreement if permits and also in the case of delayed payments, as per the ratio laid down by the Division Bench of this Court in W.A.No.724 of 2021. Therefore, the

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respondents are hereby directed to pay admitted amount within a period of four 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 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 four (04) weeks thereafter.

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