Disposed

Sri Balaji Consructions v. the State of Ap

Andhra Pradesh HC9 Feb 2023WP/538/2023

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What is this about?

In a writ petition by a contractor for non-payment of dues under work contracts, the Single Judge directed respondents to complete verification within three weeks and pay the amount due within six weeks, or pay immediately without further verification if the deadline is missed.

What did the court decide?

Direct respondent to complete verification within three weeks and pay the amount due within six weeks; immediate payment if verification is not completed in time.

Sri Balaji Consructions Vs the State… — Contract and Commercial Disputes | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.538 of 2023

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ORDER:

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The petitioner had been awarded the contracts for Annual maintenance towards removal of weed growth from Vetlapalem major drain tooteru medium drain, Atchutapuram Minor drain, Rameswaram 1 Minor drain and Biccavolu major drain from Km 0.00 to 27.00 in G.E.Delta, vide Agreement No.39/2019-20 and Agreement No.40/201920. After execution of the said works, a final bill for Rs.14,04,846/- had been prepared and submitted to the concerned for payment. As the payment of the said amount has not been made by the respondents, the petitioner had approached this Court, by way of this writ petition.

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sums of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.

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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 need to be cleared by the respondents at the earliest.

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

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In view of the aforesaid directions of this Court in various cases and after hearing the submissions of the learned counsel for the petitioner, learned Government Pleader for Irrigation, this writ petition is disposed of with a direction to the respondents to complete the verification process within a period of three weeks from the date of receipt of a copy of this order and thereafter to pay the amount due to the petitioner depending upon the outcome of the verification, within a period of six weeks. It is clarified that in the event of the verification process not being completed within the aforesaid period of three weeks, the

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respondents shall pay the amount due to the petitioner, without insisting upon any further time for verification. It would also be open to the petitioner to agitate his/her/their claim for interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

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

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____________________________ R. RAGHUNANDAN RAO, J

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09.02.2023 RKS

Sri Balaji Consructions v. the State of Ap

Case brief

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Sri Balaji Consructions v. the State of Ap

Case brief

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