M Srinivasa Reddy vs. The State Of Ap

Court:High Court of Andhra Pradesh
Judge:Hon'ble Ravi Cheemalapati
Case Status:Disposed
Order Date:24 Jul 2023
CNR:APHC010357782023

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Order Issued After Hearing

Purpose:

Admission (Corporation)

Before:

Hon'ble Ravi Cheemalapati

Listed On:

24 Jul 2023

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Order Text

(SHOW CAUSE NOTICE BEFORE ADMISSION) lN THE il-Iah COURT-6F-hrh-D-H-R-A-FRADESH AT AMA'RAVATtl (SPECIAL ORIGINAL JURISDJCTION)

MONDAY, THE ll^/ENTY FOURTH DAY OF JULY ll^/o THOUSAND A'ND l1^/ENTY THREE

:PRESENT:

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18379 OF 2023

Betwee n :

M. Srinivasa Reddy, S/o.late M. Ramachandra Reddy, Aged about 52 years, Occ: Contractor, R/o.H.No.5-6-/ll, M.R.Palli, Sri Krishna Nagar, Tirupati, Chittoor District.

...PETITIONER

AND

    1. The State ofAndhra Pradesh, Rep. by Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi
    1. Andhra Pradesh Police Housing Corporation Limited, Rep. by its VC & Managing Director, 6th Floor, AP Police Head Quarters, Adjacent AP Police Head Quarters, Mangalagiri, Guntur District.
    1. The Executive Engineer, Andhra Pradesh Police Housing Corporation Limited, Kadapa, Kadapa District.
    1. The Deputy Executive Engineer, Andhra Pradesh Police Housing Corporation Limited, Tirupati, Chittoor District.
    1. The State ofAndhra Pradesh, Rep. by its Principal Secretary, Department of Finance & planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District

... RESPONDENTS

WHEREAS the Petitioner above named through his Advocate Sri Suresh Kumar Reddy Kalava, presented this 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of amount of amount of Rs.27,88,011/-even after finalizing the bills payable to the petitioner in relation to the works i.e., l'Construction of Disha Police Station Building at M.R.Palle, Tirupathi of Tirupathi Urban District" vide agreement Bond No.MD/LSm^/-ll/24/2022-23 dt.24.08.2022, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment amount of Rs.27,88,011/-with interest @24O/o per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith;

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Suresh Kumar Reddy Kalava, Advocate for the Petitioner, learned GP for Home for respotldent No.1, Sri K.C. Venkata Reddy, Standing Counsel for respondent Nos.2 to 4 and learned GP FOR FINANCE AND PLANNING DEPT., for respondent No.5, directed issue of notice to the Respondents herel®n to show cause as to why this WRIT PETITION should not be admitted.

You viz:

    1. The Principal Secretary, State ofAndhra Pradesh, Home Department, Secretariat Buildings, Velagapudj, Amaravathi
    1. The VC & Managing Director, Andhra Pradesh Police Housing Corporation Limited, 6th FIoor, AP Police Head Quarters, Adjacent AP Police Head Quarters, Mangalagiri, Guntur District.
    1. The Executive Engineer, Andhra Pradesh Police Housl-ng Corporation Limited, Kadapa, Kadapa District.
    1. The Deputy Executive Engineer, Andhra Pradesh Poll'ce Housing Corporation Limited, Tirupati, Chittoor District.
    1. The Principal Secretary, State of Andhra Pradesh, Department of Finance & PIannI'ng, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 31.07.2023, on which date the case stands posted for hearing.

The Court made the following ORDER:

I

ff Notice before admission.

Learned Government Pleader for Home takes notice on behalf of respondent No.1.

Sri K.C. Venkata Reddy, learned Standing Counsel takes notice on behalf of respondent No.2 to 4.

Learned Government Pleader for Finance takes notice on behalf of respondent No.5.

For instructions, post on 31.07.2023 in the Moll-On List."

sc!/-M, SRINIVAS %G iI:_A_: /< AS`SISTANT sEC"'Ois OFFICER For A

//TRUE COPY//

    1. The Principal Secretary, State ofAndhra Pradesh, Home Department, Secretariat Bul'ldings, Ve'agapudI', Amaravathi
    1. The VC & Managing Director, Andhra Pradesh Police Housl®ng Corporatl'on Limited, 6th Floor, AP Police Head Quarters, Adjacent AP Poll'ce Head Quarters, Mangalagiri, Guntur Distrl'ct.
    1. The ExecutI'Ve Engineer, Andhra Pradesh Police Housing Corporatl'on Limited, Kadapa, Kadapa District.
    1. The Deputy Executive Engineer, Andhra Pradesh Poll-ce Housing Corporation Limited, Tirupati, ChI'ttOOr DistrI®ct.
    1. The Principal Secretary, State ofAndhra Pradesh, Department of Finance & Plannl-ng, Secretariat Buiidl'ngs, Velagapudi, AmaravathI', Guntur District. (Addressees Nos.1 to 5 by RPAD-along with a copy of petition and affidavit)
    1. One CC to SRl. SURESH KUMAR REDDY KALAVA Advocate [OPUC]
    1. One CC to Sri K.C. Venkat Reddy, StandI-ng Counsel [OPUC]
    1. Two CCs to GP FOR FINANCE, High CourtofAndhra Pradesh. [OUT]
    1. Two cos to GP FOR HOME ,High Court OfAndhra Pradesh. [OUT]
    1. One spare copy

KJ

~*,i I I.t

To,

HIGH COURT

RCJ

DATE D : 24/07/2023

POST ON 31.07.2023, IN THE MOTION LIST

NOTICE BEFORE ADMISSION

WP.No.18379 of 2023

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Case History of Orders

Order(3) - 31 Aug 2023

Final Order

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Order(4) - 31 Aug 2023

Final Order

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Order(2) - 9 Aug 2023

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Order(1) - 24 Jul 2023

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