Remanded

Works Committee v. the State of Andhra Pradesh

Andhra Pradesh HC1 Feb 2023WP/1451/2023

Case brief

AI extract

What is this about?

The Court directed respondents to complete a pending inquiry within two months for works worth above Rs.5,00,000, or within 30 days for smaller works after deductions, to address the petitioner's grievance regarding unpaid bills.

What did the court decide?

Direction to complete pending inquiry within two months for works above Rs.5L or 30 days for lesser works and release dues.

Works Committee Vs the State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.1451 of 2023

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ORDER:

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The petitioner had carried out the works for Formation and Gravelling the Road from Talamanchi Venkateswarlu field to Bodapati Kondaiah field and Kalevlle R&B Road to Tokala Krishna Rao fields and from Ramalingadu fields to Lakulu and Kalevlle R&B Road to Chennareddy Adeseshaiah fields in Kandukuru Mandal, SPSR Nellore District (Old Prakasam) for which amounts of Rs.1,96,320 and Rs.2,20,844/- are due from the respondents and more specifically from the 6^th respondent.

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As these payments are not being cleared, the petitioner has approached this Court by way of the present Writ Petition contending that the non-payment of the bills of the petitioner, even after they had been certified as due and payable, by the appropriate authority, is clearly high handed, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India.

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The learned Government Pleader for Panchayat Raj would submit that the claims of the petitioner would have to be verified before any payment can be made to the petitioner. He would further submit that the petitioner ought to have approached the authorities for payment and had instead approached this Court directly without following up with the authorities.

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The question of the orders to be passed by this Court, in such circumstances, has already been answered by a learned Single Judge of this Court in his order dated 16.03.2021 in W.P.No.955 of 2021 and batch. In this judgment, the learned Single Judge after reviewing the law on the question of whether this Court can direct the payment of money for work done by the petitioner, had directed the respondents to make necessary payment in accordance with the directions in the said cases.

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Following the said Judgments, this Writ Petition is disposed with the following directions:-

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i. A period of two months is given to the respondents to complete the pending enquiry in the case of the petitioner;

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ii. For all works up to Rs.5,00,000/- after deduction of 21.02% for DCC works and 6.33% for MCC works, the payment should be released within 30 days. If the enquiry reveals that there are no deficiencies in the work for this category of works, the deducted amount should be released and the grievance of the petitioner must be finally addressed;

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iii. In case of works above Rs.5,00,000/- a final period of two (02) months is given to the respondent/State to complete the enquiries and to pass an appropriate order addressing the grievance of the petitioner so that they receive the entire payment due to them.

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There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any,

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shall stand closed.

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____________________________ R. RAGHUNANDAN RAO, J

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01.02.2023 RKS

Works Committee v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Works Committee 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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