SRI DATTA SAI CONSTRUCTIONS vs The State of Andhra Pradesh

1 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.11249 of 2023 ORDER: This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking the following relief: “….to issue a Writ or Order or a direction more particularly in a nature of Writ of Mandamus declaring the action of the Respondents in not releasing the payment of the three part bill amounts and the bills also generated in CFMS portal with raising the token No.2022-243231 for net amount of Rs.29,11,456/- and token No.2022-243232 for net amount of Rs.16,03,808/- and token No.2022-243233 for net amount of Rs.23,28,122/- in total of three bills of Net amount Rs.68,433,86/- to the petitioner along with interest for the works done by the petitioner in pursuance of agreement entered in to with the 3rd respondent vide agreement No.MD/LS/145/2018-19 dated 20.02.2019 for construction of Police Station Building at M.R peta of Vishakhapatnam City is questioned, as the same is illegal, arbitrary and consequently direct the respondents to release the payment of bill amounts with interest @ 24% per annum for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith and pass such other order or orders…..” 2.

Heard Smt.R.Sudha, learned counsel for the petitioner, learned Government Pleader for Home, learned Government Pleader for Finance & Planning and Sri K.C.Venkata Reddy, 2 learned standing counsel for Andhra Pradesh State Police Housing Corporation Limited.

3.

Learned standing counsel for Andhra Pradesh Police Housing Corporation Limited appearing for respondent Nos.3 and 4 and learned Government Pleader for Finance & Planning appearing for respondent Nos.2 and 5 collectively submitted that the bill amount has been admitted by the authorities and the same will be paid to the petitioner in due course and this Court, vide order dated 28.06.2022 in Writ Petition No. tition No.17411 of 2022, granted six (06) weeks time for payment of the bill amount and prayed to consider this Writ Petition in similar lines.

4.

To the said submission, learned counsel for the petitioner reported no objection.

5.

In view of the above, with the consent of learned counsel for both the parties, this Writ Petition is disposed of, at admission stage, in terms of the orders passed in W.P.No.17411 of 2022, dated 28.01.2022.

6.

Accordingly, the respondents are directed to release the admitted/legally entitled amount to the petitioner at the earliest, and at any rate, within a period of six (06) weeks from the date of receipt of a copy of this order.

It would be open to the petitioner to agitate its claim for interest, if any, payable by the respondents, if 3 it is so advised, in an appropriate forum.

There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE RAVI CHEEMALAPATI 08.05.2023 MP THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.11249 of 2023 Dated : 08.05.2023 MP