Sri Kanaka Durga Constructions Vs the State of Ap

SRI KANAKA DURGA CONSTRUCTIONS, REP.BY ITS MANAGING PARTNER, ATMAKURI DURGAPRASAD, S/O. ATMAKURI PULLAYYA, AGED ABOUT 55 YEARS, OCC CONTRACTOR, D.NO. 3-126/1, MANDAPAKA ROAD, PAIDIPARRU VILLAGE, TANUKU MANDALAM, WEST GODAVARI DISTRICT.

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522 238

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VICE CHAIRMAN AND MANAGING DIRECTOR, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, D.NO 7-96, SRI SAI FORTUNE HEIGHTS, VADDESWARAM, VILLAGE, TADEPALLE, 522 502

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THE SRI VENKATESWARA VETERINARY UNIVERSITY, REP.BY ITS REGISTRAR, TIRUPATI, TIRUPATI DISTRICT- 517 502

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THE SUPERINTENDING ENGINEER, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, GUNTUR, GUNTUR DISTRICT. 522 002

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THE EXECUTIVE ENGINEER, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, ELURU, WEST GODAVARI DISTRICT. 534 006

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THE STATE OF ANDHRA PRADESH, REP. BY ITS

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PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522 238

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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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of CC IInd and Final Bill in Gross Rs. 5,84,919/- in Net amount of Rs. 4,69,111/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Providing Approach Road from Main Road to Office Building at Buffalo Research Station at Venkatramannagudem (V), of Tadepalludem (M), in West Godavari District vide Agreement No.21/2017-18, dt. 10.05.2017, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of CC IInd and Final Bill in Gross Rs. 5,84,919/- in Net amount of Rs. 4,69,111 /- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass

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Counsel for the Petitioner:

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1.SURESH KUMAR REDDY KALAVA

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Counsel for the Respondent(S):

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1.GP FOR HIGHER EDUCATION

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2.V CH NAIDU (SC FOR AP HOUSING CORP )

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3.GP FOR FINANCE PLANNING

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The Court made the following ORDER:

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This Writ Petition has been filed seeking to declare the action of the respondents in withholding the payment of CC 2^nd and final bill in gross Rs.5,84,919/- in net amount of Rs.4,69,111/even after finalizing the bills, payable to the petitioner in relation to the work i.e. “providing approach road from main road to office building at Buffalo Research Station at Venkatramannagudem village, Tadepalligudem Mandal, West Godavari District vide agreement No.21/2017-18, dated 10.05.2017, as illegal and arbitrary, and consequently direct the respondents to consider for payment of balance amount with interest @ 12% per annum for the delayed amount to the petitioner in respect of execution of the above mentioned work forthwith.

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Case of the petitioner is that pursuant to the tender notification issued by 4^th respondent for execution of the work i.e., providing approach road from main road to office building at Buffalo Research Station at Venkatramannagudem village, Tadepalligudem Mandal, West Godavari District vide agreement No.21/2017-18, dated 10.05.2017, the petitioner participated in the tender process and became successful bidder. 4^th respondent executed an agreement dated 10.05.2017 and the petitioner

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executed the work as per the agreement. Subsequently, the respondent authorities recorded the work executed by the petitioner in M.Book and prepared bills on 19.12.2022. But, the respondent authorities have not paid the balance amount till date. Hence, he filed the present Writ Petition.

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Today, when the matter came up for admission, learned counsel for the petitioner submits that the subject matter of this Writ Petition is squarely covered by the orders of this Court passed in WP No.29077 of 2018, dated 16.08.2018, wherein this Court directed the respondents therein to verify and quantify the amounts due to the petitioner therein in terms of the works admittedly executed, and directed to pay such undisputed amounts, if any, to the petitioner therein, within eight (8) weeks from the date of receipt of a copy of the said order.

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In view of the aforesaid facts and circumstances and as there is no dispute with regard to the execution of work and the amount due to the petitioner, the respondents are directed to release the pending amount to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order, failing which, the Writ Petitioner is entitled to claim interest @ 6% per annum from the date of this order till the date of realization.

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