Disposed

Thirumala Constructions v. the State of Ap

Andhra Pradesh HC12 Oct 2023WP/23332/2023

Case brief

AI extract

What is this about?

This writ petition challenged the withholding of Rs. 96,52,030/- contract dues. The respondent admitted the claim but sought three months for fund clearance. The Court disposed of the petition and directed the release of the amount within three months.

What did the court decide?

The respondents are directed to release the balance amount to the petitioner at the earliest, but absolutely within a period of three months from the date of receipt of this order's copy.

Thirumala Constructions Vs the State… — Contract and Commercial Disputes | Andhra Pradesh HC (2023)

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO.23332 OF 2023

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ORDER:

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The present Writ Petition is filed by the petitioners under Article

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226 of the Constitution of India, seeking the following relief:

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“………to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in withholding the balance payment Rs.96,52,030/- (Rupees Ninety Six Lakhs Fifty two thousand and thirty only), even after finalizing the bills payable to the petitioner firm in relation to the work i.e., for providing for periodic renewals from KM 0/0 to 2/0 Uravakonda to Kanekal Road in Uravakonda Mandal, Ananthapuram District is illegal, arbitrary and violative of Articles 14, 19, 21 and 300A of Constitution of India and consequently direct the respondents to consider for payment Rs.96,52,030/- (Rupees Ninety Six Lakhs Fifty two thousand and thirty only) of balance amount for the delayed amount to the petitioner firm in respect of execution of above mentioned work forthwith and to pass……..”

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Heard Sri Dasari S.V.V.S.V. Prasad, learned counsel for the

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petitioner and learned Assistant Government Pleaders for Roads & buildings and Finance & Planning.

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Learned Assistant Government Pleader, based on the written instructions dated 13.09.2023, submitted that, the authorities have admitted that amount claimed by the petitioner and the same was uploaded in the CFMS portal and are waiting for fund clearance and it will be cleared in due course and sought three (03) months time for such payment.

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To the said submission, learned counsel for the petitioner requested to record the written instructions and dispose of the Writ Petition.

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Taking into consideration the submissions of both the learned counsel, as the authorities are ready to pay the amount to the petitioner, this Writ Petition is also disposed of, at the admission stage.

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Accordingly, the respondents are directed to release the

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amount to the petitioner at the earliest, and at any rate, within a period of three (03) months from the date of receipt of a copy of this order.

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There shall be no orders as to costs.

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Miscellaneous applications, pending if any, shall stand closed.

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________________________ JUSTICE RAVI CHEEMALAPATI

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13^th October, 2023 DSB/ANS

Thirumala Constructions v. the State of Ap

Case brief

What is this about?

What did the court decide?

Thirumala Constructions v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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