Allowed

Skml Constructions v. The State of Andhra Pradesh

Andhra Pradesh HC23 Jun 2022WP/8640/2022

Case brief

AI extract

What is this about?

In a writ petition regarding construction costs, the court held that withholding undisputed bill amounts is illegal and arbitrary. The petitioner sought payment for work completed on a Community Hall. The court directed the respondent to pay undisputed bills totaling Rs. 29,27,450 within six weeks.

What did the court decide?

Directing the 8th respondent to pay undisputed bills totaling Rs. 29,27,450 within six weeks of receipt of this order.

Skml Constructions Vs The State of Andhra… — Service and Employment | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P.No.8640 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 first floor at Mathsya Bhavan in Ward No.22 vide Agreement dated 16.09.2017, 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 bill for the amount of Rs.16,50,311/- with respect to first and part bill and an amount of Rs.12,77,139/- with respect to second and final bill will be considered in due course as and when the funds are available.

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RRR,J 2 W.P.No.8640 of 2022

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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 amount of Rs.16,50,311/- with respect to first and part bill and an amount of Rs.12,77,139/- with respect to second and final bill 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.8640 of 2022

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

¶16

W.P.No.8640 of 2022

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23^rd June, 2022

¶18

Js.

Skml Constructions v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Skml Constructions v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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