E. Sujatha v. the State of Andhra Pradesh
Case brief
What is this about?
In a writ petition, the petitioner sought relief for non-payment of final bill amount of Rs.3,66,000 admitted by respondents under a construction contract. The Court directed authorities to verify claims within three weeks and pay dues within six weeks, with liability to pay immediately if verification delayed.
What did the court decide?
Directing respondents to complete verification within three weeks and pay the admitted amount within six weeks from the date of this order.
What the court decided
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.15823 of 2022
ORDER:
The petitioner had been awarded the contract for taking up the works of Construction of protection wall on R/S and L/S bank of D/S Thurakabavi vanka near Garugupalli H/O Pemmadapalli (V) in Rayachoti (M) of YSR District, vide Agreement No.462/2018-19. After execution of the said work, a final bills for Rs.3,66,000/- had been prepared and submitted to the concerned for payment. As the payment of the said amount has not been made by the respondents, the petitioner had approached this Court, by way of this writ petition.
- It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.
- This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
- The learned Government Pleader submits that the respondent authorities are verifying the claims of the petitioner
and would be in a position to make payment only after such verification is completed.
Issues for consideration
2 issues framed by the court
Whether the Court can direct the respondents to complete the verification of the final bill submitted by the petitioner and pay the dues thereafter?
Whether the delay in payment of adjudicated contract dues warrants judicial intervention to expedite verification and release of funds?
Parties & counsel
- petitioner
Petitioner (Contractor)
- respondent
Respondent Authorities
Coram
R. RAGHUNANDAN RAO
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · July
- Registered
- Case no.
- WP/15823/2022
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