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M/s.Rama Contractors, v. The State of Andhra Pradesh

Andhra Pradesh HC23 Jun 2022WP/9671/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the non-payment of undisputed bill amounts owed to the petitioner for construction work. Finding the withholding illegal and arbitrary, the Court directed the respondent authority to pay the specified amount within six weeks.

What did the court decide?

Directed the 8th respondent to pay the bill amount of Rs.8,81,119/- within six weeks of receiving the order.

M/s.Rama Contractors, 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.9671 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 at UDA colony in Ward No.68, vide agreement dated 10.10.2018, 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.8,81,119/- will be considered in due course as and when the funds are available.

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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

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RRR,J 2 W.P.No.9671 of 2022

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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.8,81,119/- 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.9671 of 2022

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P.No.9671 of 2022

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23^rd June, 2022

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Js.

M/s.Rama Contractors, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/s.Rama Contractors, 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

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