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M/s. Crr Constructions, v. The State of Andhra Pradesh

Andhra Pradesh HC14 Oct 2022WP/12466/2022

Case brief

AI extract

What is this about?

The High Court held that the respondent authorities' failure to pay admitted bill amounts for completed government work was illegal and arbitrary. The Court directed the respondents to pay the dues of Rs.2,29,080 and Rs.5,37,970 within six weeks.

What did the court decide?

Respondents directed to pay admitted bill amounts of Rs.2,29,080 and Rs.5,37,970 within six weeks.

M/s. Crr Constructions, Vs The State of Andhra… — Service and Employment | Andhra Pradesh HC (2022)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO.12466 OF 2022

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Between:-

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M/s CRR Constructions, represented by its Managing Partner Chalasani Ratnakara Rao

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.... Petitioner

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And

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The State of Andhra Pradesh, represented by Principal Secretary, B.C. Welfare Department, Secretariat Buildings, Velagapudi, Amaravathi & 7 others.

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.... Respondents

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Counsel for the Petitioner : Mr.Sreenivasa Rao Velivela

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Counsel for the Respondents : Learned Government Pleader for

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Social Welfare

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Mr.G.V.S.Kishore Kumar, Learned Standing Counsel for A.P.E.W.I.D.C.,

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ORDER :

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The case of the petitioner is that the work of “Minor Repairs to B.C. Boys College Hostel Building at Jaggaiahpeta Village & Mandal, Krishna District” vide Agreement dated 07.03.2018 for the amounts of Rs.2,29,080/- and Rs.5,37,970/- was entrusted to the petitioner. The petitioner completed the work as per the agreement within the time stipulated. After execution of the said contract, final bills were prepared, but the respondents failed to pay the bills amount till date, which is illegal and arbitrary.

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The learned counsel for the petitioner would contend that as per Clauses 68 and 69 of the A.P. Standard Specifications, there is a corresponding obligation to pay the bills within a period of six (06) months without any delay. The respondent authorities are not paying the amount, which is illegal and arbitrary.

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The learned counsel for the petitioner further submits that in the event of non-payment of the admitted bills, the petitioner will be put to severe financial difficulties and it amounts to violation of Article 21 of the Constitution of India.

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Learned Government Pleader for Social Welfare and Mr.G.V.S.Kishore Kumar, learned Standing Counsel appearing for the respondents have not disputed the same and submits that the admitted bills for Rs.2,29,080/- and Rs.5,37,970/- will be considered in due course as and when funds made available.

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Having considered submissions of both the counsel and perusing the material on record, this Court notices that in spite of completion of work as per the terms and conditions of the agreement and approval of the bills the same was not paid to the petitioner. Non-payment of the bill amount is found to be illegal and arbitrary. The authorities are under statutory obligation to settle the undisputed admitted bills even as per the A.P. Standard and Specifications.

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In view of the above conclusions, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to pay the admitted bill amounts of Rs.2,29,080/- and Rs.5,37,970/- to the petitioner, within a period of six (06) weeks from today. Needless to say, the petitioner may raise claim for interest, in an appropriate Forum, if he is so advised.

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With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, pending applications, if any, shall

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stand closed.

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_____________________ NINALA JAYASURYA, J.

Date: 14.10.2022

THE HON’BLE SRI JUSTICE NINALA JAYASURYA

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WRIT PETITION NO.12466 OF 2022

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Date: 14-10-2022

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M/s. Crr Constructions, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/s. Crr Constructions, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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