Allowed

M/S Maruthi Constructions v. the State of Ap

Andhra Pradesh HC7 Mar 2023WP/4082/2023

Case brief

AI extract

What is this about?

In this writ petition challenging the withholding of payment for executed road maintenance work, the High Court directed the respondents to release Rs.1.56 crore within three months. The petitioner was informed to pursue a claim for interest in a separate forum.

What did the court decide?

Direct the respondents to release the amount of Rs.1,56,23,985/- to the petitioner within three months from the date of receipt of the order copy.

M/S Maruthi Constructions Vs the… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

¶1

¶2

HONOURABLE SMT. JUSTICE V. SUJATHA

¶3

WRIT PETITION No.4082 of 2023

¶4

ORDER:

¶5

The present writ petition came to be filed under Article 226

¶6

of the Constitution of India seeking the following relief:

¶7

“…to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of amount of Rs.1,56,23,985/- even after finalizing the bills payable to the petitioner in relation to the works i.e., “Periodic Maintenance to Gannavaram-Puttagunta Road (SH-233) from KM.0.000 to KM.1.200 and KM.1.600 to KM.13.000 in Krishna District vide agreement No.54/2021-22, dt.14.02.2022 is questioned as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.1,56,23,985/- with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass …”

¶8

It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.1,56,23,985/-, no such payment is made. The petitioner contends that such non-payment of money is clearly illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to pay the aforesaid due amount with interest to the petitioner.

¶9

¶10

Heard both the learned counsel and perused the material placed on record.

¶11

This Court, in various orders, including the common order dated 05.10.2021 in W.P.No.10038 of 2021 and batch passed by a learned Single Judge of this Court 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.

¶12

In view of the common order passed by this Court and after hearing the submissions of the learned counsel for the petitioner, learned Government Pleader for Roads & Buildings and learned counsel appearing for the respondents, this Writ Petition is disposed of directing the respondents to release the amount of Rs.1,56,23,985/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. It is open to the petitioner to agitate his claim for interest, if any payable by the respondents, in an appropriate forum. There shall be nor order as to costs.

¶13

As a sequel thereto, miscellaneous petitions, if any, shall stand closed.

¶14

_________________ V. SUJATHA, J

Date: 07.03.2023.

GSS

HONOURABLE SMT. JUSTICE V. SUJATHA

¶20

W.P. No.4082 of 2023

¶21

Date: 07.03.2023

¶22

GSS

M/S Maruthi Constructions v. the State of Ap

Case brief

What is this about?

What did the court decide?

M/S Maruthi Constructions v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sk Meeravali Vs the Andhra Pradesh State Road Transport Coprporation

Busireddy Raja Narayana Reddy Vs the State of Andhra Pradesh

Vsn Constructions Vs the State of Ap

M/S. B. Ramanaiah Constructions, Vsp. Vs Prl. Secy., R and B Dept. and 3 Ors.

Bhagam Constructions Private Limited Vs The State of Andhra Pradesh

M/S. Maruthi Constructions Vs the State of Andhra Pradesh