Tumu Bali Reddy vs. The State Of Andhra Pradesh
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Cause title — parties, addresses and appearances
pleased to issue an appropriate Writ, Order of Writ of Mandamus declaring the action of the or one in the nature respondents in not paying or releasing the undisputed outstanding final bill dated 26-04-2021 for an amount of Rs. 72,08,827/- (Rupees Seventy two eight thousand eight hundred and twenty seven only) along with lakhs interest 18 percent p.a. from the date of approval of final bill dt. 26- 04-2021
to till the date of realization of the said amount in respect of contract work vide technical sanction TSR No.40/HU/E0/TS/2018-19 dt. 30.05.2018 and agreement no. 197/2018-19 dt. 15-12-2018 for the work of - Construction of Laboratory cum office building (G plus 1 floors with an plinth area of 1130.00 at HRS, Mahanandi, Kurnool District - admittedly completed by the sqm petitioner as unjust, illegal, irregular, highhanded, mala fide and arbitrary, without any reason or ground and violation of principles of natural justice and violation of fundamental rights guaranteed under the Articles 14, 21 and 19 (1) (g) of the Constitution of India and consequently direct the respondents to pay or release the said undisputed outstanding final bill of Rs. 72,08,827/- in respect of aforesaid contract work forthwith to the petitioner in the interest of justice. lA NO: 1 OF 2021 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 release or pay the undisputed outstanding final bill dated 26-04-2021 for an amount of Rs. 72,08,827/-(Rupees Seventy two lakhs eight thousand eight hundred and twenty seven only) along with interest 18% p.a. from the date of approval of final bill dt. 26-04-2021 to till the date of realization of the said amount in respect of contract work vide technical sanction TSR
No.40/HU/E0/TS/2018-19 dt. 30.05.2018 and agreement no. 197/2018-19 dt. 15-12-2018 for the work of "Construction of Laboratory cum office building (G+1 floors with an plinth area of 1130.00 at HRS, Mahanandi, Kurnool District" forthwith to the petitioner pending sqm disposal of the writ petition.
; SRI. NUWULA RAWl BABU ; GP FOR AGRICULTURE .2,9 &10: GP FOR FINANCE AND Counsel for the Petitioner(s) Counsel for the Respondent No.1 Counsel for the Respondent Nos PLANNING 12 to 14; SRI HARINATH horticulture UNIVERSITY for the Respondent Nos.3 to 6 and Counsel REDDY SOMAGUTTA, SC FOR Y S R Court made the following: ORDER The APHC010449932021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri iction) [3333] WEDNE AY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27214/2021 Between: ...PETITIONER Tumu Bali Reddy AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.NUWULA RAM BABU Counsel for the Respondent(S): 1.GP FOR AGRICULTURE 2.GP FOR FINANCE PLANNING 3.S HARINATH REDDY(SC FOR AP S IRRI DEV COR) 4.HARINATH REDDY SOMAGUTTA (SC FOR YSR HCU) The Court made the following:
2 ORDER: The writ petition is filed under Article 226 of Constitution of India for the following relief: “....to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying or releasing the undisputed outstanding final bill dated 26.04.2021 for an amount of Rs.72,08,827/- (Rupees Seventy two lakhs eight thousand eight hundred and twenty seven only) along with interest 18% p.a from the date of approval of final bill dt.26.04.2021 to till the date of realization of the said amount In respect of contract work vide technical sanction TSR No 40/HU/E0/TS/2018 19, dt.30.05.2018 and agreement no.197/201819, dt. 15.12.2018 for the work of Construction of Laboratory cum office building (G+1 floors with an plinth area of 1130 00 sqm) at HRS Mahanandi, Kurnool District admittedly completed by the petitioner as unjust, illegal, irregular, highhanded mala fide and arbitrary without any reason or ground and violation of principles of natural justice and violation of fundamental rights guaranteed under the Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay or release the said undisputed outstanding final bill of Rs.72,08,827/- in respect of aforesaid contract work forthwith to the petitioner in the interest ofjustice and pass ...”
The case of the petitioner, in brief, is that the petitioner was the resident of Podili, Prakasam District and have been doing contract works as the Class-1 contractor for several years. The 1®‘ respondent duly verifying the program guidelines and funds availability under the program accorded Administrative Sanction vide Proc.No.404(5a)/EO/NABARD-RlDF-XXII/Engg./2018-19, dated 28.05.2018 for the work of “Construction of Laboratory cum office building
V (G+1 floors with an plinth area of 1130.00 sqm at HRS, Mahanandi, Kurnool District”. In pursuance to that, the 6'*' respondent has granted technical sanction vide TSR No.40/HU/EO/TS/2018-19, dated 30.05.2018 for the said contract work. The petitioner became a successful bidder to execute the contract work fulfilling all the conditions with regard to e-tender in AP e- procurement tender Government website. Accordingly, the petitioner entered into an agreement with the respondent for execution of awarded contract work to be completed within 12 months at an estimated cost of Rs. 182.00 Lakhs duly accepting the terms and conditions. The petitioner completed the said contract work within the stipulated time and submitted his bills for the said work. The concerned departmental officers has inspected the contract work to the qualitative and quantitative aspect. Out of the said estimated amount, the 12*^ respondent passed approval of final bill of said contract work on 26.04.2021 for an amount of Rs.72,08,827/- for which only Rs.68,78,229/- has paid to the petitioner and Rs.3,30,598/- was deducted. Hence, the writ petition. ensure No representation for the petitioner.
Learned Standing Counsel for the respondent No.4 has filed the counter-affidavit, wherein it is stated that in pursuance of the contract agreement assigned by the petitioner vide in Agreement No.197/18-19, dated 15.12.2018, the 1®* part payment of Rs.21,57,781/- was paid on 28.03.2019 and 2'^'^ part payment of Rs.44,62,009/- was paid on 18.03.2020. Thereafter, the petitioner has submitted ariv application to the respondent No.6 on 4 01.10.2021 requesting to release the remaining amount that is due. In response to the same, the respondent No. 12 issued letter, dated 05.11.2021 informing to the petitioner that, 3^=^ part of the bill for an amount of Rs.72,08,827/- has been uploaded by the respondent No.4 office in CFMS after completion of the work on 30.04.2021 itself vide in Token No.462042, dated 30.04.2021 of Pay and Accounts Office, Eluru. Thereafter, the net amount of pending bill of Rs.68,73,229/- (Rs.72,08,827/- to Rs.3,35,598/-) has been credited into the petitioner’s Bank Account No. 11332785127 26.11.2021 duly deducting an amount of Rs.3,35,598/- which are mandatory deductions as under: on DEDUCTION TYPE AMOUNT Tax Deducted by source (TPS) 62,090.00 Other items 5,000 NAG 6,203 Seigionerage Charges 76,027 Labour Cess 62,090 TDS-SGST 62,092 TDS-SGST 62,092 Total: 3,35,598.00
In view of the fact that the due amount of Rs.68,73,229/- was paid to the petitioner after duly deducting Rs.3,35,598/- from the total amount of Rs.72,08,827/-, which in fact are mandatory deductions as mentioned above.
C' this Court is of the opinion that the adjudication and the writ petition is iiabie to be ciosed cause does not survive for further
Accordingly, the Writ Petition is closed. No order as to costs. As a sequei, misceilaneous petitions, if any, pending shaii stand ciosed. //// sectio'^ To, officer 1- One CC to Sri. Nuwula Ram Babu, Advocate [OPUC1 Pradesh [OUT]. Planning, High Court of Andhra Si°OPUCr"‘' sc for YSR
Three CD Copies Horticulture AL
HIGH COURT DATED:08/05/2024 ORDER WP.No.27214 of 2021 S’ X 2 ! FEB 2025 O, ^ ^ Current Section ®esPATC*4S?^ CLOSING THE WP WITHOUT COSTS
Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.