Andhra Pradesh High Court - Amravati
Balagam Venkata Someswara Rao vs The State Of Andhra Pradesh on 9 July, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY ,THE NINTH DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGA
WRIT PETITION NO: 30052 OF 2023
Between:
Sri Balagam Venkata Someswara Rao, S/o. Apparap, aged 56 years
Occ Contractor, R/o. D.No. 31-7-3/1, MudigantiVari Street, Tanuku
West Godavari District.
...PETITIONER
AND
1. The State Of Andhra Pradesh, Rep. by its Principal Secretary Housing
Department Secretariat, Velagapudi, Amaravathi, Thullur Mandal,
Guntur District.
2. State of Andhra Pradesh, Rep. by its Principal Secretary Finance
Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal
Guntur District.
3. A.P. State Housing Corporation Ltd, 2nd Floor, SP River View Building,
Tadepalli, Amaravathi, Rep. by its Managing Director.
4. The District Collector, West Godavari District, Bhimavaram.
5. The Superintending Engineer, (Delegated vyith Powers of CE) APSHCL
Head office, Vijayawada.
6. The Project Director, A.P. State Housing Corporation Ltd, West
Godavari District, Bhimavaram.
7. The District Head-Housing, West Godavari District, Bhimavaram.
8. The Executive Engineer, A.P. State Housing Corporation Ltd, West
Godavari District, Bhimavaram.
9.. The.Director of works and Account Officer, Nidhi Bhavan, Mangalagiri
IT Park, Behind APIIC Building, Mangalagiri, Guntur District
...RESPONDENTS
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, to issue a Writ, Ordpr, 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 not releasing the payments for the
works of Formation of Approach Roads, Culverts, Shifting of Electrical lines
and Filling of Low-lying Lands in YSR Jagananna layout colonies of West
Godavari District i.e., i) Kondalamma Puntha, RTO Office Layout, Tanuku
through the Layout ID No. 05830ILAI 13842 for an amount of Rs.
12,18,665/-, ii) DLK Road, 12th Ward, Tanuku Urban through the Layout ID
No.058301 LA113843 for an amount of Rs. 1,81,948/-, hi) Pydaparru 34th
ward, Tanuku Urban through the Layout ID No. 058301 LA113844 for an
amount of Rs. 11,63,471/-, iv) Ajjarampuntha, 7th ward, Tanuku Urban
West Godavari District through the Layout ID No. 058301 LAI 1384Tfor an
amount of Rs. 21,28,578/- and v) Tallakodu area of Kuppanapudi Village
Akiveedu Mandal, West- Godayari District through the Layout ID No.
053413LA112774 for an amount of Rs. 28,29,214/- totaling an amount of
Rs. 75,21,876/- as illegal, arbitrary and violative of Art 14 and 21 of
Constitution of India and consequently direct the respondent authorities to
release Rs. 75,21,876/- forthv\(ith for the above said works executed by the
petitioners.
, ; VI
V
V.
N>
lA NO: 1 OF 2023
Petition under Section 1,51 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to
direct respondents, to consider for payrhent of amount of Rs. 75,21,876/- for
the works executed by the petitioners for Formation of Approach Roads,
Culverts, ^Shifting of Eiectricai lines and Filling of Low-lying Lands in YSR
Jagananha ' layout colonies of West Godavari District i.e.,
KondalammaPuntha, RTO,Office Layout, Tanuku through the Layout ID No.
'05830ILAI 13842 for an amount of Rs. 12,18,665/-, ii) DLK Road, 12th
' Ward, Tanuku Urban through the Layout ID No.058301 LA113843 for. an
amount of Rs. 1,81,948/-, iii) Pydaparm, 34th ward, Tanuku Urban through
the Layout ID No. 058301 LA113844 for an amount of Rs. 11,63,471/-, jv)
Ajjarampuntha, 7th ward, Tanuku Urban, West Godavari District through the
Layout ID No. 058301 LAT13841 for an amount of Rs. 21,28,578/- and v)
Tallakodu area of Kuppanapudi Village, Akiveedu Mandal, West Godavari
District through the Layout ID No. 053413LA112774 for an amount of Rs.
28,29,214/- totaling an amount of Rs. 75,21,876/- forthwith, pending
disposal of the main Writ Petition.
Counsel for the Petitioner(s): SRI. RAMBABU KOPPINEEDI
Counsel for the Respondent Nos.1,4,7: GP FOR HOUSING
CORPORATION
Counsel for the Respondent Nos.2 & 9: GP FOR FINANCE AND
PLANNING
Counsel for the Respondent Nos.3,5,6,8: SRI E .V.JAGANNADHA RAO
The Court made the following: ORDER
APHC010581302023
X IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
TUESDAY ,THE NINTH DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENIKATESWARLU NIMMAGADDA
WRIT PETITION NO: 30052/2023
Between:
Balagam Venkata Someswara Rao ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT{S)
Counsel for the Petitioner:
1.RAMBABU KOPPINEEDI
Counsel for the Respondent(S):
1.E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2.GP FOR FINANCE PLANNING
3.GP FOR HOUSING
The Court made the following:
1. The petitioner had been awarded various contract works under the
subject scheme in West Godavari District. After execution of the said
contract, a final bill was prepared for a sum of Rs.72,21,876/- as per the
sanctioned orders. 'Xs^the payment of the said amount has not been
made by the respondents, the petitioner has approached this Court by
4^
way of this writ petition. y
2. It is the contention of the petitioner that even though the respondents
admitted that the petitioner is entitled for payment of the aforesaid sum
of money, no payment is being made. The petitioner contends that such
non-payment of money is clearly arbitrary and high-handed requiring
the interference of this Court.
3. This Court, in various orders, including the judgment of a learned Single
Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and
batch had taken the view that such non-payment of dues is arbitrary
and that such dues need to be cleared by the respondents at the
earliest.
4. On the other hand, learned Government Pleader for Housing while
admitting about the claim of the petitioner placed on record instructions
received from the General Manager (Admn. & Vig.) in Note.No.NON-
QTS/3017/2024 dated 03.05.2024. He would submit that, since the
budget was not released by the Government, the bills were not paid to
the petitioner. Soon after release of the budget by the Government, the
bills will be paid to the petitioner. .
5. In view of the aforesaid directions of this Court in various cases and
after hearing the submissions of learned counsel for the petitioner,
learned Government Pleader for Housing, this Writ Petition is disposed
of with a direction to the respondents to release an amount of
Rs.72,21,876/- to the petitioner along with the interest @ 6% per
annum, in view of the judgment of the Hon'ble Division Bench of this
Court in Writ Appdal No.724 of 2021 and batch dated 12.10.2023,
within a period of two (02) months from the date of receipt of a copy of
this order. It would also be open to the petitioner to agitate his claim for
higher rate of interest, if any payable by, the respondents, in an
appropriate forum. There shall be no order as to costs.
6. Consequently, Miscellaneous Petitions, if any, pending in this Writ
Sd/- K. TATA RAO
Petition shall stand closed.
DEPUTY REGISTRAR
\ //TRUE COPY//
SECTION OFFICER
To,
1. The Principal Secretary, Housing Department Secretariat, Velagapudi, Amaravathi,
Thullur Mandal, Guntur District.
2. The Principal Secretary Finance Department, Secretariat, Velagapudi, Amaravathi,
Thullur Mandal, Guntur District.
3. The Managing Director, A.P. State Housing Corporation Ltd, 2nd Floor, SP River
View Building, Tadepalli, Amaravathi, Rep. by its
4. The District Collector, West Godavari District, Bhirnavaram.
5. The Superintending Engineer, (Delegated with Powers of CE) APSHCL Head office,
Vijayawada.
6. The Project Director, A.P. State Housing Corporation Ltd, West Godavari District,
Bhirnavaram.
7. The District Head-Housing, West Godavari District, Bhirnavaram.
8. The Executive Engineer, A.P. State Housing Corporation Ltd, West Godavari District,
Bhirnavaram.
9. The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri IT Park,
Behind APIIC Building, Mangalagiri, Guntur District
10. One CC to Sri. Rambabu Koppineedi Advocate [OPUC]
11. Two CCs to GP For Housing ,High Court Of Andhra Pradesh. [OUT]
12. Two CCs to GP For Finance and Planning, High Court of Andhra Pradesh [OUT].
13. One CC to Sri E.V.Jagannadharh, Advocate [O.PUC]
14. Three CD Copies
AL
HIGH COURT TL
DATED:09/07/2024
ORDER
WP.No.30052 Of 2023
DISPOSING OF THE WP WITHOUT COSTS
