Andhra Pradesh High Court
WRIT PETITION 3484 of 2022 on 20 December 2017
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI(Special Original Jurisdiction)
FRIDAY, THE SECOND DAY OF FEBRUARYTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 3484 OF 2022
Between:
K. VenkateswaraReddy,,S/o. VenkataReddy, Aged about 50years,Occ.Contractor, R/ o. House No. 16-3/A, Colony Road, Rukmini Nilayam,. PidugirallaPost and Mandal, Guntur District.
...PETITIONER
AND
1.The State of Andhra Pradesh, Rep. by its Secretary, Department of Irrigation(Water Resources Department), Secretariat Buildings, Velagapudi,Amaravathi, Guntur District.(Water Resources Department), Secretariat Buildings, Velagapudi,Amaravathi, Guntur District.
2. The State of Andhra Pradesh, Rep. by its Secretary, Department of Environment, Forest, Science and Technology (EFS and T), SecretariatBuildings, Velagapudi, Amaravathi, Guntur District.Buildings, Velagapudi, Amaravathi, Guntur District.
3.The State of Andhra Pradesh, Rep. by its Principal Secretary, Department ofFinance and Planning, Secretariat Buildings, Velagapudi,[Amaravathi,][ Guntur]District.Finance and Planning, Secretariat Buildings, Velagapudi,[Amaravathi,][ Guntur]District.
4.The Principal Chief Conservator of Forests and Head[of][ Forest][ Force][ and]CWLW(FAC), Aranya Bhavan, K.M. Munshi Road, Nagarampalem,[Guntur]District, Pin Code. 522 004.CWLW(FAC), Aranya Bhavan, K.M. Munshi Road, Nagarampalem,[Guntur]District, Pin Code. 522 004.
5.The Divisional Forest Officer, Guntur, Guntur District.
6. The Forest Range Officer, Guntur, Guntur District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying thatin thecircumstancesstatedintheaffidavitfiledtherewith,theHigh Court may bepleased to issue a writ petition of mandamus or any other appropriate writ ordirection declaring the action of the Respondents in withholding the payment ofnet balance amount Rs.5,66,956/-, even after finalizing the bills, payable to thepetitioner relation to the works i.e.. Digging of PPT/WAT[around][ the][ RF][ areas][ at]VenkatayapalemRF,Compt.No.115,AtchempetBeat,AtchempetSection,Guntur Range during 2017-18. (DSO.No.287/2017-18),vide AgreementNo./2017-18, dated 20.12.2017is questioned, as the same is illegal, arbitrary andconsequently direct the respondentsto consider for paymentof amountsof Rs.5,66,956/- with interest @24 percent per annum for the delayed amount tothe petitioner in respect of execution of above-mentioned[work][ forthwith.]
lA NO:1 OF 2022
Petition under Section 151 CPC praying that in the[circumstances][ stated]in the affidavit filed in support of the writ petition, the High Court may be pleasedto direct the respondents to consider for payment of amount of Rs.5,66,956/- withinterest @24% per annum for the delayed amount to the petitioner in respect ofexecutionofworksi.e."DiggingofPPT/WATaroundtheRFareasatVenkatayapalemRF,Compt.No.115,AtchempetBeat,AtchempetSection,Guntur Range during 2017-18. (DSO.No. 287/2017-18)", vide Agreement No./2017-18, dated 20.12.2017, forthwith, pending disposal[of][ the Writ][ Petition.]
Counsel for the PetitioneriSRI. BATHALA RAMESH
Counsel for the Respondent No.1: GP FOR IRRIGATION[COMMON][ AREA]DEVELOPMENT
Counsel for the Respondents No,2,4,5,6: GP FOR FOREST
Counsel for the Respondent No.3: GP FOR FINANCE AND[PLANNING]
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDAWRIT PETITION No.3484 Of 2022
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ORDER:-
1. The petitioner seeks writof mandamusto declaretheactionof therespondents in withholding the payment of net balance amount Rs.5,66,956/-even after finalizing the bills, payable to the petitioner in relation to the works,respondents in withholding the payment of net balance amount Rs.5,66,956/-even after finalizing the bills, payable to the petitioner in relation to the works,asillegal, arbitrary and violative of principles of natural justice andfor aconsequential direction.consequential direction.
2. The petitioner’s case is that, the petitioner has undertaken[certain]repairworks in Guntur District and successfully completed[those][ works.]The netamountpayabletothepetitioner wasconcludedatRs.5,66,956/-.Oncompletion of the agreed works, the respondent authorities did not pay theamount till date. Though the works were completed long[back][ and][ the][ default]liabilityperiodoftwoyearswasalsocompleted,still,therespondentauthorities have not returned the amount. Hence, the writ petition is preferredseeking a direction to the respondents to pay the amount with[ interest.]works in Guntur District and successfully completed[those][ works.]The netamountpayabletothepetitioner wasconcludedatRs.5,66,956/-.Oncompletion of the agreed works, the respondent authorities did not pay theamount till date. Though the works were completed long[back][ and][ the][ default]liabilityperiodoftwoyearswasalsocompleted,still,therespondentauthorities have not returned the amount. Hence, the writ petition is preferredseeking a direction to the respondents to pay the amount with[ interest.]
3. Heard. No counter is filed by the respondents.
4. As can be seen, the petitioner’s case is a pitiable one. The petitioner hassuccessfully completed the agreed works to the satisfaction of the authorities.However, the bill amount was withheld and not returned, most importantly,without any reason.successfully completed the agreed works to the satisfaction of the authorities.However, the bill amount was withheld and not returned, most importantly,without any reason.
5. Though this Court passed an interim order on 03.03.2022, directing therespondents to pay the approved and final bill amount due to the petitioner,within a period of six (06) weeks, the same was not paid.It is imperative forpublicauthoritiestorecognizetheirresponsibilityandpromptlyfulfilcontractual obligations by paying the agreed-upon amountstocontractors.Failing to do so not only jeopardizes future contractor engagement but alsoundermines the quality of work delivered. In the present case, the withholdingof the bill amount lacks justification. Therefore, it is only fair for the petitionerto receive the payment owed to them, along with interest.respondents to pay the approved and final bill amount due to the petitioner,within a period of six (06) weeks, the same was not paid.It is imperative forpublicauthoritiestorecognizetheirresponsibilityandpromptlyfulfilcontractual obligations by paying the agreed-upon amountstocontractors.Failing to do so not only jeopardizes future contractor engagement but alsoundermines the quality of work delivered. In the present case, the withholdingof the bill amount lacks justification. Therefore, it is only fair for the petitionerto receive the payment owed to them, along with interest.
6. Hence, writ petition is disposed of, directing the respondent authoritiesto pay bill amount of Rs.5,66,956/- to the petitioner along with the interest @6% per annum, in view of the judgment of the HonTale[Division][ Bench][ of][ this]Court in Writ Appeal No.724of 2021 and batch dated 12.10.2023, within aperiod of six (06) weeks from the date of receipt of a copy of this order.to pay bill amount of Rs.5,66,956/- to the petitioner along with the interest @6% per annum, in view of the judgment of the HonTale[Division][ Bench][ of][ this]Court in Writ Appeal No.724of 2021 and batch dated 12.10.2023, within aperiod of six (06) weeks from the date of receipt of a copy of this order.
7. It would also be open to the petitioner to agitate[his][ claim][ differential]amount/higherrateofinterest,if any payable by the respondents,inanappropriate forum. There shall be no order as to costs.amount/higherrateofinterest,if any payable by the respondents,inanappropriate forum. There shall be no order as to costs.
8. Consequently, miscellaneous applications pending,if any,shall stand closed.
Sd/- P. VINOD KUMARASSISTANT REGISTRY
//TRUE COPY//
SECOFFICER
To,
1. The Secretary, Department of Irrigation (Water Resources[Department),][ State]of Andhra Pradesh, Secretariat Buildings, Velagapudi,[Amaravathi,][ Guntur]District.of Andhra Pradesh, Secretariat Buildings, Velagapudi,[Amaravathi,][ Guntur]District.
2. The Secretary, Department of Environment, Forest,[Science][ and][ Technology](EFS and T),State of Andhra Pradesh, Secretariat Buildings,[Velagapudi,]Amaravathi, Guntur District.(EFS and T),State of Andhra Pradesh, Secretariat Buildings,[Velagapudi,]Amaravathi, Guntur District.
3. The Principal Secretary, Department of Finance and[Planning.][ State][ of]Andhra Pradesh, Secretariat Buildings, Velagapudi,[Amaravathi,][ Guntur]District.Andhra Pradesh, Secretariat Buildings, Velagapudi,[Amaravathi,][ Guntur]District.
4. The Principal Chief Conservator of Forests and Head[of][ Forest][ Force][ and]CWLW(FAC), Aranya Bhavan, K.M. Munshi Road, Nagarampalem,[Guntur]District, Pin Code. 522 004.CWLW(FAC), Aranya Bhavan, K.M. Munshi Road, Nagarampalem,[Guntur]District, Pin Code. 522 004.
5. The Divisional Forest Officer, Guntur, Guntur District.
6. The Forest Range Officer, Guntur, Guntur District.7One CC toSRI. BATHALA RAMESH Advocate BATHALA RAMESH Advocate RAMESH Advocate Advocate [OPUC]7One CC toSRI. BATHALA RAMESH Advocate BATHALA RAMESH Advocate RAMESH Advocate Advocate [OPUC]
SRI. BATHALA RAMESH Advocate BATHALA RAMESH Advocate RAMESH Advocate Advocate [OPUC]
Two CCS to GP FOR IRRIGATION COMMON AREA DEVELOPMENT,High
8. Court of Andhra Pradesh. [OUT]
9Two CCS to GP FOR FOREST, High Court of Andhra Pradesh.[[OUT]]
10. Two CCS to GP FOR FINANCE AND PLANNING. High Court[of][ Andhra]Pradesh. [OUT]Pradesh. [OUT]
11. Three C.D.Copies nm
HIGH COURT
DATED:02/02/2024
ORDER
WP.No.3484 of 2022
DISPOSING OF THE WPWITHOUT COSTS