Allowed

Imperial Coastal Infra v. the State of Ap

Andhra Pradesh HC10 Mar 2023WP/4381/2023

Case brief

AI extract

What is this about?

The Court directed respondent authorities to release Rs. 70,00,000/- to the petitioner for completed road and bridge works within three months, reiterating that non-payment is arbitrary. Interest claims to be pursued separately.

What did the court decide?

Directed respondents to release Rs. 70,00,000/- within three months; open to petitioners to agitate interest claim in appropriate forum.

Imperial Coastal Infra Vs the State of… — Public Procurement and Tenders | Andhra Pradesh HC (2023)

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HONOURABLE SMT. JUSTICE V. SUJATHA

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WRIT PETITION No.4381 of 2023

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ORDER:

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The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

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“…pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e., Widening and Strengthening of Aliklam-Bathili Road from Km 19/5 to 27/6 and 34/6 to 76/8 in Srikakulam District and Reconstruction of Weak and Narrow minor bridges at Km 19/46 Km 45/24 and Km 51/24 of Alikam-Bathili Road in Srikakulam District through the Agreement CR No.62/2017-18 dated 24.10.2017 for an amount of Rs.70,00,000/- as illegal, arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.70,00,000/- forthwith for the above said works executed by the petitioner and pass …”

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It is the contention of the petitioners that even though the respondents admitted that the petitioners are entitled for payment of the aforesaid amount, no such payment is made. The petitioners 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.

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

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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.

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In view of the common order passed by this Court and after hearing the submissions of the learned counsel for the petitioners, 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.70,00,000/- 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 petitioners to agitate his claim for interest, if any payable by the respondents, in an appropriate forum. There shall be nor order as to costs.

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

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_________________ V. SUJATHA, J

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Date: 10-03-2023. ASH

Imperial Coastal Infra v. the State of Ap

Case brief

What is this about?

What did the court decide?

Imperial Coastal Infra 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

Statutes considered

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