M / S. Sanjeevarayudu Constructions vs. The State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble Ravi Nath Tilhari
Case Status:Disposed
Order Date:28 Feb 2023
CNR:APHC010013532023

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Order Issued After Hearing

Purpose:

Admission (Corporation)

Before:

Hon'ble Ravi Nath Tilhari

Listed On:

28 Feb 2023

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE ~ :PRESENT: THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION NO: 2066 OF 2023

Between:

M/s.Sanjeevarayudu Constructions, D.No.87-1362/2, Chandra Sekhar Nagar, Nandikothru Road, Kurnool District, rep.by its Parnter, M.Sanjeevarayudu, S/o.Rama Subbanna, R/o.Kurnool.

...Petitioner.

AND

    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi at Amaravathi, Guntur District.
  • $2.$ The District Collector, Kurnool District, Kurnool
    1. The Andhra Pradesh Education & Welfare Infrastructure Development Corporation (APEWIDC), Sri Sai Fortune Heights. Vaddeswaram, Village, Tadepalle, Guntur District, Rep.by its Managing Director.
  • $4.$ The Chief Engineer, Andhra Pradesh Education & Welfare infrastructure Development Corporation (APEWIDC), Vijayawada, Krishna District.
  • $5.$ The Superintending Engineer, Andhra Pradesh Education & Welfare Infrastructure Development Corporation (APEWIDC), Kurnool, Kurnool District.
    1. The Executive Engineer, Andhra Pradesh Education & Welfare Infrastructure Development Corporation (APEWIDC). Kurnool, Kurnool District.
  • $7.$ The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi at Amaravathi, Guntur District.
  • The Andhra Pradesh Comprehensive Financial Management 8. System (CFMS), 6<sup>th</sup> Floor, C-Block- Anjaneya Towers, Ibrahimpatnam, Krishna District, rep.by its Chairman.

...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, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents herein in not paying the admitted amount of Rs.43,70,145/- vide CFMS.No.2022-243442 (Old CFMS.No.2021-977968) for the work executed by the petitioner pursuant to the Agreement No./CE/APEWIDC/VIJ/ 2017-18 dated 04-06-2018 as illegal, arbitrary, unreasonable, violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release and pay the said amount payable to the petitioner along with interest @24% per annum.

IA NO: 1 OF 2023

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 herein forthwith to release and pay the admitted amount of Rs.43,70,145/- vide CFMS.No.2022- 243442 (Old CFMS.No.2021-977968) for the work executed by the petitioner pursuant to the Agreement No./CE/APEWIDC /VIJ/2017-18 dated 04-06-2018 along with interest @24% per annum, pending disposal of WP 2066 of 2023, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri P DURGA PRASAD Advocate for the Petitioner and of GP FOR REVENUE for the Respondent Nos.1 & 2, Sri GVS KISHORE KUMAR, Advocate for Respondent No.3, GP FOR FINANCE for Respondent Nos.7 & 8 the Court made the following

ORDER:

"Post on 13.03.2023.

If by that date, counter affidavit is not filed by the respondents in terms of the earlier orders, the Chairman of respondent No.8 shall appear before this Court with relevant records."

//TRUE COPY//

Sd/- K. KASIRAO ACHARI ASSISTANT REGISTRAR

To.

  • SECTION OFFICER
    1. The Chairman, Andhra Pradesh Comprehensive Financial Management System (CFMS), 6th Floor, C-Block- Anjaneya Towers, Ibrahimpatnam, Krishna District. (by SPEED POST)
    1. One CC to Sri P DURGA PRASAD, Advocate [OPUC]
  • One CC to Sri GVS KISHORE KUMAR, Advocate [OPUC]
    1. Two CCs to GP FOR FINANCE, High Court of A.P. [OUT]
    1. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]
    1. One spare copy

npc

HIGH COURT

RNTJ

DATED:28/02/2023

POST ON 13.03.2023.

ORDER

WP.No.2066 of 2023

APPEARANCE

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Case History of Orders

Order(7) - 17 Mar 2023

Final Order

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Order(6) - 14 Mar 2023

Interim Order

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Order(4) - 28 Feb 2023

Interim Order

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Order(5) - 28 Feb 2023

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Order(3) - 14 Feb 2023

Interim Order

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Order(1) - 31 Jan 2023

Interim Order

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Order(2) - 31 Jan 2023

Interim Order

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