Bolisetty Rama Mohana Rao Vs the State of Ap

Bolisetty Rama Mohana Rao, S/o. Lakshmi Nageswara Rao, Aged 70 years, Occ: Contractor, R/o. D.No. 36-71/1, Main Road, Ramarao Peta, Near Venus Lodge, Narsipatnam, Anakapalli District.

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...Petitioner

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AND

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The State of AP, Rep. by its Principal Secretary Finance Department, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District.

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Andhra Pradesh State Police Housing Corporation Ltd, (APSPHC Ltd.,) Rep. by its Vice Chairman and Managing Director, 6th Floor, AP Police Tech Tower Building, Adjacent AP Police Head Quarters, Mangalagiri, Guntur.

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The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri IT Park, Behind APIIC Building, Mangalagiri, Guntur District.

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Executive Engineer, Andhra Pradesh State Police Housing Corporation Ltd., (APSPHC Ltd.,) Garividi Division, Visakhapatnam.

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The Deputy Executive Engineer, A.P. State Police Housing Corporation Ltd., Visakhapatnam.

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The Pay and Accounts Officer, Works and Projects, Visakhapatnam, Visakhapatnam District.

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...Respondents

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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

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pleased 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 withholding the payment of balance of admitted bill amount of Rs.2,03,831/- (2nd Part bill) and Rs. 8,15,413/- (3rd Part bill) even after finalizing the bills, payable to the petitioner in relation to the work i.e., construction of Veterinary Dispensary Building at Makavaripalem of Visakhapatnam District through the Agreement No. MD/LS/TW-11/161/2017-18 dated 29-11-2017 for an amount of Rs.2,03,831/- (2nd Part bill) and Rs. 8,15,413/- (3rd Part bill) totalling an amount of Rs.10,19,244/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs.10,19,244/- to the petitioner in respect of execution of above-mentioned work forthwith 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 to direct the respondents to consider for payment of amount of Rs.2,03,831/- (2nd Part bill) and Rs. 8,15,413/- (3^^ Part bill) to the petitioner in respect of execution of work i.e., construction of Veterinary Dispensary Building at Makavaripalem of Visakhapatnam District through the Agreement No. MD/LS/TW-II/161/2017-18 dated 29-11-2017 for an amount of Rs.2,03,831/- (2nd Part bill) and Rs.8,15,413/- (3rd Part bill) totalling an amount of Rs.10,19,244/- forthwith pending disposal of the main Writ Petition and pass

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Counsel for the Petitioner: RAMBABU KOPPINEEDI

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Counsel for the Respondents: K C VENKATA REDDY (SC FOR A P S P H) Counsel for the Respondents: GP FOR FINANCE PLANNING (AP)

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The Court made the following order:

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THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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W.P.No.805 OF 2024

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ORDER:

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The instant writ petition has been filed under Article 226 of Constitution of India, seeking the following main relief:

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“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 withholding the payment of balance of admitted bill amount of Rs.2,03,831/- (2nd Part bill) and Rs. 8,15,413/- (3rd Part bill) even after finalizing the bills, payable to the petitioner in relation to the work i.e., construction of Veterinary Dispensary Building at Makavaripalem of Visakhapatnam District through the Agreement No. MD/LS/TW-11/161/2017-18 dated 29-11-2017 for an amount of Rs.2,03,831/- (2nd Part bill) and Rs. 8,15,413/- (3rd Part bill) totalling an amount of Rs.10,19,244/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs.10,19,244/- to the petitioner in respect of execution of above-mentioned work forthwith and pass….”

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When the matter is taken up for hearing, learned counsel for the petitioner Sri K.Rambabu is present. The learned Standing Counsel for the respondents Sri D.Yathindra Dev, represented by Ms.A.Priyanka, counsel submits that after filing of the writ petition, the amount has been paid to the petitioner. To that effect, she also forwarded the written instructions dated 27.04.2026 issued by the Secretary & General Manager (F), A.P.State Police Housing Corporation Ltd.,

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who is the Officer of the 2^nd respondent Corporation. The said submission is not

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disputed by the learned counsel for the petitioner.

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