Disposed

Meka Nagamani Rao v. The Government of Ap

Andhra Pradesh HC4 Jul 2022WP/9452/2022

Case brief

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What is this about?

In a writ petition filed under an agreement for construction of a community hall, the petitioner sought payment of the balance amount and ESD. The Court directed the respondents to complete verification within three weeks and pay dues within six weeks thereafter, noting that non-payment was arbitrary based on prior directions.

What did the court decide?

Direction to complete verification within three weeks and pay dues within six weeks; petitioner can approach appropriate forum for interest.

Meka Nagamani Rao Vs The Government… — Contract and Commercial Disputes | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.9452 of 2022

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ORDER:

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The petitioner had been awarded the contract for construction of Community Hall in 25^th ward of (near Jamia Masjid) in Machilipatnam Municipality, under an agreement. After execution of the said works, a final bill for Rs.1,39,989/towards balance amount of Rs.1,82,140 and EMD of Rs.11,861 had been prepared on the basis of Measurement Book and submitted to the concerned for payment. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court, by way of this writ petition.

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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 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.

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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.

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Sri M.Manohar Reddy, learned Standing Counsel respondent No.5 submits that the respondent authorities are

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verifying the claims of the petitioner and would be in a position to make payments only after such verification is completed.

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In view of the aforesaid directions of this Court in various cases and after hearing the submissions of the learned counsel for the petitioner, learned Government pleader for Municipal Administration and Sri M.Manohar Reddy, learned Standing Counsel respondent No.5, this writ petition is disposed of with a direction to the respondents to complete the verification process within a period of three weeks from the date of receipt of a copy of this order and thereafter to pay the amounts due to the petitioner depending upon the outcome of the verification, within a period of six weeks. It would also be open to the petitioner to agitate his/her/their 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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____________________________ R. RAGHUNANDAN RAO, J.

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04.07.2022 RJS

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.9452 of 2022

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04.07.2022

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RJS

Meka Nagamani Rao v. The Government of Ap

Case brief

What is this about?

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Meka Nagamani Rao v. The Government of Ap

Case brief

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