Allowed

M/s. Epr Constructions v. The State of Andhra Pradesh

Andhra Pradesh HC13 Oct 2022WP/22094/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the non-payment of dues by government authorities. It directed the respondents to release Rs.1,25,32,977/- related to public works within eight weeks, noting rights to claim interest separately.

What did the court decide?

Directing the respondents to release Rs.1,25,32,977/- to the petitioner within eight weeks and permitting the petitioner to agitate the claim for interest separately.

M/s. Epr Constructions Vs The State of Andhra… — Property and Title | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.22094 of 2022

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ORDER :

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The writ petition is filed seeking Writ of Mandamus to declare the action of the respondents in not paying the amount of Rs.1,25,32,977/- for the work done by the petitioner vide M.Book Nos.5071-A, 5072-A and 4694-A and 5066-A, as illegal, arbitrary and violative of principles of natural justice.

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Petitioner contended that 3^rd respondent issued two tender notifications i.e., 1) periodic maintenance to Nandyal – Atmakur road from K.M. 16/8 to 19/0 and 22/1 to 26/0 in Kurnool District with an estimated amount of Rs.3,41,00,000/- and 2) Widening and strengthening of Velugodu – Kaluva _ VedurthyDevarakonda road from K.M. 0/0 to 6/0 in Kurnool with an estimated amount of Rs.800.00 lakhs. Petitioner participated in the tender and the 3^rd respondent entrusted the work to the petitioner. According to the petitioner, the work was completed. 4^th respondent verified M-Books bearing No.5071-A & 5072-A for the first work and 4694-A, 5066-A in respect of second work. The works were closed on 03.06.2021 and 10.02.2022 respectively.

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Petitioner asserted in the affidavit that as per the final bill, respondent authorities have to pay total amount of Rs.1,25,32,977/- in respect of the second work.

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Learned Government Pleader for Roads & Buildings appearing for the respondents 1 to 4 on instructions would contend that an amount of Rs.92,63,799/- was paid to the petitioner on 18.08.2022 in respect of the first work. Learned Government Pleader further submitted that petitioner is entitled to bills to a sum of Rs.1,25,32,977/- vide M-Book Nos.5071-A, 5072-A and 4694-A and 5066-A.

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This Court, in various orders, including the common order dated 05.10.2021 in W.P.No.10038 of 2021 and batch passed by a learned Single Judge of this Court 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.

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In view of the common order passed by this Court and after hearing the submissions of learned counsel on both sides, this Writ Petition is disposed of directing the respondents to release the amount of Rs.1,25,32,977/- vide M-Book Nos.5071A, 5072-A and 4694-A and 5066-A to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. It is open to the petitioner to agitate his claim for interest,

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if any payable by the respondents, in an appropriate forum.

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There shall be no order as to costs.

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Miscellaneous petitions, if any pending, in this case, shall stand closed.

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________________________________ JUSTICE SUBBA REDDY SATTI

Date : 13.10.2022 KA

172

THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.22094 of 2022

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Date : 13.10.2022 KA

M/s. Epr Constructions v. The State of Andhra Pradesh

Case brief

What is this about?

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M/s. Epr 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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