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R.Srinivasulu Naidu v. The State of Andhra Pradesh

Andhra Pradesh HC23 Jun 2022WP/14084/2022

Case brief

AI extract

What is this about?

In this writ petition regarding undisclosed bill amounts withheld under construction agreements for community halls, the court held that non-payment was illegal and arbitrary. It directed the 8th respondent to pay the undisputed bills totaling Rs. 9,41,103/- and Rs. 9,68,126/- within six weeks.

What did the court decide?

Directed the 8th respondent to pay disputed bill amounts of Rs. 9,41,103/- and Rs. 9,68,126/- within six weeks.

R.Srinivasulu Naidu Vs The State of… — Contract and Commercial Disputes | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P.No.14084 of 2022

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ORDER:

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The present writ petition is filed seeking to declare the action of the respondents in withholding the undisputed bill amounts payable to the petitioner in respect of work i.e., construction of community hall at A & N Beach Hospital, besides in Ward No.20 under agreement dated 25.05.2017; and Construction of Community Hall Venkateswara Nagar in Ward No.20 under agreement dated 28.10.2017, even after finalizing the bills as illegal, arbitrary and contrary to the principles of natural justice and consequently to direct the respondents to pay undisputed bill amounts payable to the petitioner in respect of execution of aforementioned work forthwith.

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Heard Sri C. Subodh, learned counsel for the petitioner and Sri S. Lakshmi Narayana Reddy, learned Standing Counsel appearing for respondents 4 to 7.

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The learned counsel for the petitioner submits that as per clauses 63 and 69 of the Andhra Pradesh detailed Standard Specifications, there is a corresponding obligation on the respondents to pay the bill amount within a period of six (06) months without any delay. Though the process of payment of bill was initiated, the same was not paid to the petitioner till date which is illegal and arbitrary. He submits that due to the non-payment of the bill, the petitioner is put to severe financial hardship.

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The learned Standing Counsel did not dispute the same and stated that the payment of bills for the amount of Rs.9,41,103/- and

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RRR,J 2 W.P.No.14084 of 2022

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Rs.9,68,126/- will be considered in due course as and when the funds are available.

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In view of the facts and circumstances of the case and considering the submissions of both learned counsel and having perused the material on record, this Court finds that despite completion of work as per the terms and conditions of the agreement, non-payment of the bill amounts is illegal and arbitrary and the authorities are under an obligation to settle the undisputed bill as per the Andhra Pradesh detailed Standard Specifications.

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Accordingly, this Writ Petition is disposed of directing the 8^th respondent to pay the bill amounts of Rs.9,41,103/- and Rs.9,68,126/- to the petitioner within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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_________________________ R. RAGHUNANDAN RAO, J.

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23^rd June, 2022 Js.

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RRR,J 3 W.P.No.14084 of 2022

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P.No.14084 of 2022

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23^rd June, 2022

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Js.

R.Srinivasulu Naidu v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

R.Srinivasulu Naidu 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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