Kores India Ltd. Vs The State of Andhra Pradesh

KORES INDIA LTD, HAVING ITS REGISTERED OFFICE AT 301/302, ASHFORD CHAMBERS, LADY JAMSHEDJI ROAD, MAHIM (W), MUMBAI 400 016, REP. BY ITS AUTHORISED REPRESENTATIVE MR. SACHIN SURYAKANT SURYAVANSHI, MANAGER (LEGAL)

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPT, OF SCHOOL EDUCATION, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPT, OF FINANCE, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.

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SAMAGRA SHIKSHA, REP. BY THE STATE PROJECT DIRECTOR, HAVING OFFICE AT KBC BOYS HIGH SCHOOL PREMISES. OPPOSITE RYTHU BAZAR, PATAMATA, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH520010.

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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 declaring the action of the Respondents in not paying the admitted pending dues of the Petitioner of INR 14,91,17,342/- (Rupees Fourteen Crore Ninety-One Lakh Seventeen Thousand Three Hundred to the Petitioner herein pursuant to the successful completion of supply in connection with purchase order dated 15.03.2024, bearing reference number Lr. Rc. No. SS-16021/68/202 3-CMO SEC- SSA-6 in terms of the Government Order being G.O. Ms. No. 2 dated 10.01.2024 and tender agreement dated 20.03.2024 as illegal, arbitrary, violative of Articles 14 and 19(1)(g). Constitution of India and pass

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IA NO: 1 OF 2025

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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 pay the Petitioner the admitted pending dues of the Petitioner of INR 14,91,17,342/- (Rupees Fourteen Crore Ninety-One Lakh Seventeen Thousand Three Hundred Forty-Two only) to the Petitioner herein pursuant to the successful completion of supply in connection with purchase orders bearing Lr. Rc. No. SS-16021/68/2023-CMO SEC-SSA-6 dated 15,03.2024 in terms of the Government Order being G.O. Ms. No. 2 dated 10.01.2024 and tender agreement dated 20.03.2024; and pass

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Counsel for the Petitioner:

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1.VARUN BYREDDY

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Counsel for the Respondent(S):

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1.GP FOR SCHOOL EDUCATION

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2.K RAMESH

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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 NYAPATHY VIJAY

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WRIT PETITION No.33301 OF 2025

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O R D E R:

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The present Writ Petition is filed questioning the action of Respondents in not releasing the amount of Rs.14,91,17,342/- to the Petitioner, pursuant to successful completion of supply, in connection with Purchase Order vide Lr.Rc.No.SS-16021/68/2023-CMOSEC-SSA-6 dated 15.03.2024 and in terms of G.O.Ms.No.02 dated 10.01.2024 and Tender Agreement dated 20.03.2024, as illegal and arbitrary.

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The facts, in brief, are as follows:-

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The State Government had issued G.O.Ms.No.02, dated 10.01.2024, giving permission to the State Project Director of Samagra Shiksha to conduct negotiations with vendors for repeat orders for implementing the “Jagananna Vidya Kanuka” scheme (excluding textbooks and workbooks). Pursuant thereto, negotiations were held, and Respondent No.3 had issued Work Order vide Lr.Rc.No.SS16201/68/2023-CMOSEC-SSA-06, dated 15.03.2024, to the Petitioner for the supply of 5,46,378 bags to the students studying in Class I to X in all Government Management Schools for the Academic Year 2024-25 at Rs.272.92/- per bag.

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The Petitioner had supplied the bags in terms of the above Work Order to the satisfaction of Respondents. However, the amount of

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Rs.14,91,17,342/- due towards the supply was not made to the Petitioner despite repeated requests.

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In the Counter-Affidavit filed by Respondent No.3, no dispute with regard to the supply of bags as per the Work Order was urged and it was stated that amounts would be released after Respondent No.2 releases the amounts. The relevant portion of the Counter-Affidavit is extracted below:-

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“ 8. I humbly submit that this answering respondent submitted the entire bills of the student kit supplied for the year 2024-25 vide letter Rc. No.SS16021/68/2023-CMO-SEC-SSA, dated 12-7-2024 and 14-9-2025, seeking administrative sanction. Accordingly, Government vide G.O.Ms.No.1 School Education (Prog-II) Department Dated 19.01.2026 accorded administrative sanction. I humbly submit that as stated supra, as soon as these answering respondents receives the amount, after due verification of the delivery challans, based on the data uploaded in the app and as well as in terms of the tender conditions and agreement clauses, reconciliation will be conducted with the petitioner and the payment shall be made to the petitioner.”

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“ 9. I humbly submit that as stated supra as the Government has accorded administrative sanctions, this answering respondent has submitted the bills to the respondent no.2, token no.'s were raised and same are pending for clearance, which shall take minimum of 8 weeks. Thus, unless the respondent no.2 releases the amount, these answering respondents could not release the payment. Thus, the petitioner herein has not warranted any grounds against these answering respondents for the interference of the Hon'ble High Court, and the writ petition is liable for dismissal against these answering respondents.”

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It is pertinent to mention that paragraphs 8 and 9 of G.O.Ms.No.1, School Education (Prog.II) Department, dated

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19.01.2026 reads as under:

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“ 8. Government, after careful examination of the matter, hereby:

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i. accord administrative approval for an amount of Rs.944.53 crores (Central share of Rs.291.88 crores + State share of Rs.652.65 crores) for procurement and supply of Student Kits to students studying classes I to X in all Government Management Schools for the Academic Year 2024-25 i.e. pertaining to purchase orders given on 15.03.2024 without financial concurrence and

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ii. provide budget provision for an amount of Rs.652.65 crores under the relevant head from the State Budget.

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9. The State Project Director, Samagra Shiksha, shall take further necessary action accordingly, in the matter.”

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Learned counsel for the Petitioner submits that due to non-payment

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of dues to the Petitioner, the Petitioner is suffering from severe stress caused by the suppliers of raw material.

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Heard Sri Varun Byreddy, learned counsel for the Petitioner and learned Government Pleader for School Education for the Respondents.

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Taking note of the submissions made by both the learned counsel, the Writ Petition is disposed of, with the following directions:

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i) The Respondents are directed to disburse the admitted amount due to the Petitioner, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order;

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ii) No order as to costs.

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

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__________________ NYAPATHY VIJAY, J

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Date: 20.02.2026 chs

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY