Disposed

M/S. Agro Tractors v. the State of Andhra Pradesh

Andhra Pradesh HC10 Oct 2023WP/25035/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking to declare the withholding of Rs. 30,90,000 arbitrary. The Court directed the respondents to complete verification within six weeks and commit admitted dues within eight weeks, while the petitioner retains right to claim interest separately.

What did the court decide?

Direct respondents to complete verification within six weeks and pay admitted dues within eight weeks; allow petitioner to claim interest separately.

M/S. Agro Tractors Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2023)

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THE HONOURABLE SMT JUSTICE V. SUJATHA WRIT PETITION No.25035 of 2023

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ORDER:-

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The Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents for withholding the balance amount of Rs.30,90,000/- for supply of tractos and rotovators, by the petitioner firm, as illegal, arbitrary and consequently direct the respondents to pay the admitted amounts of Rs.30,90,000/- with interest through proper channel and to pass such other orders.

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Heard Sri Dasari S.V.V.S.V.Prasad, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents.

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Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court. He further submits that having approved the bills with CFMS

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token numbers, non-payment of bill amount is arbitrary and illegal.

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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 needs to be cleared by the respondents at the earliest.

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Learned Government Pleader submits that the respondent authorities are verifying the claims of the petitioner and would be in a position to make payments only after such verification is being completed.

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In view of the aforesaid directions of this Court in various cases and after hearing both sides, this Court is inclined to dispose of the writ petition with a direction to the respondents to complete the verification process within a period of six (06) 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 eight (08) weeks. It would also be open to

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the petitioner to agitate their claim for interest, if any,

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payable by the respondents in an appropriate forum.

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In view of the same, the Writ Petition is disposed of. No costs.

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Miscellaneous petitions pending, if any, in this writ petition shall stand closed.

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_______________________ SMT JUSTICE V. SUJATHA

Date: 10.10.2023

SPP

THE HONOURABLE SMT JUSTICE V. SUJATHA

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WRIT PETITION No. 25035 of 2023

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Dated 10.10.2023

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SPP

M/S. Agro Tractors v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/S. Agro Tractors 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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