Allowed

S. Satish Kumar Setty, v. The State of Andhra Pradesh

Andhra Pradesh HC17 Oct 2022WP/26791/2022

Case brief

AI extract

What is this about?

Disposing the petition at admission stage, the court directed the State of Andhra Pradesh to release pending contract payments of approximately Rs.8.47 lakhs to the petitioner within six weeks, citing prior arbitrary non-payment precedents in similar cases regarding construction works.

What did the court decide?

Direction to release amounts of Rs.4,20,117/- and Rs.4,27,147/- within six weeks.

S. Satish Kumar Setty, 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

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WRIT PETITION No.26791 of 2022

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Between:- S.Satish Kumar Setty .... Petitioner

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And

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The State of Andhra Pradesh, represented by its Secretary, Finance & Planning Department and Others.

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and Others. ..... Respondents Counsel for the Petitioner : Mr.A.Pandu Ranga Rao Counsel for the Respondents : 1) Government Pleader for Finance & Planning 2) Mr.G.V.S.Kishore Kumar, Standing Counsel for A.P.E.W.I.D.C. ORDER:

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The petitioner had been awarded the contract for the

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works i.e., i) Filling low level area and providing rough Kadapa slab, Flooring at Rear side of Women’s Hostel at Silver Jubilee Degree College at Kurnool and ii) Providing External Drainage to Women’s Hostel at Silver Jubilee College at Kurnool under Agreement, dated 13.12.2018. After execution of the contract by the petitioner, a final bill for a sum of Rs.9,35,850/(Rs.4,67,136/- and Rs.4,68,714/-) has been prepared. As the payments of the said amounts have not been made by the

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respondents, the petitioner approached this Court by way of this Writ Petition.

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Heard learned counsel for the petitioner. Also heard learned Government Pleader for Finance & Planning and Mr.G.V.S.Kishore Kumar, learned Standing Counsel for APEWIDC appearing for the respective respondents. With their consent, the Writ Petition is being disposed of at the admission stage.

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sums of money, no payments are being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.

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This Court, in various orders, including the judgment of a

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learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 & batch had taken the view that such nonpayment of dues is arbitrary and that such dues need to be declared by the respondents at the earliest.

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In view of the aforesaid directions of this Court in various

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cases and after hearing the submissions of the counsels on both

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sides, this Writ Petition is disposed of with a direction to the respondents to release the amounts of i) C.C. I & Final Rs.4,20,117/- and ii) C.C. I & Final Rs.4,27,147/- to the petitioner, at the earliest, and at any rate, within a period of six

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(6) weeks from today. It would also be open to the petitioner to

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agitate his claim for interest, if any payable by the respondents, in an appropriate Forum. 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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_____________________ NINALA JAYASURYA, J

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Date: 17.10.2022 BLV

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THE HON’BLE SRI JUSTICE NINALA JAYASURYA

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W.P.No.26791 of 2022

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Date: 17.10.2022

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BLV

S. Satish Kumar Setty, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

S. Satish Kumar Setty, 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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