High Court disposed of a Writ Petition regarding undisputed final bill payment under a construction agreement. The court directed respondents to release the amount within six weeks, aligning with a prior order.
Direct respondents to release the undisputed payment of Rs.33,66,934/- to the petitioner within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
(ra
THURSDAY ,THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 7490 OF 2023
Between: M/s. Badam Constructions, D.No. 7-16-128/2, Garrevari Street, Giddalur Village and Mandal, Prakasam District Rep.by its partner Badam Venugopala Rao
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not paying the final bill to the petitioner in respect of the Agreement No. / 2018-19, dated 03^10-2018, for Providing BT surface to the Road from M-T Rand B Road to Pottipalli village of Komarole Mandal in Prakasam District, even after approval of the final bill payable to the petitioner by the respondents 1 to 4 is arbitrary, illegal and in violation of Articles 14 and .19 (1) (g) of the Constitution of India and consequently direct the respondents 1 to 3 to pay the final bill of Rs.33,66,934/- by the pass order dated 08-04-2022 by the 4**’ respondent along with interest @ 12% to the petitioner.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 3 to release. the payment of undisputed amount of Rs.33,66,934/- to the respondent No.4 in order to pay the amount to the petitioner, pending disposal of the writ petition.
Counsel for the Petitioner: SRI. PRABHU NATH VASIREDDY Counsel for the Respondents 1,3&4: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent 2: GP FOR FINANCE & PLANNING The Court made the following: ORDER
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO.7490 OF 2023
ORDER:
The present Writ Petition is filed seeking the following relief:
"..declaring the action of the respondents 1 to 4 in not paying the final bill to the petitioner in respect of the Agreement No. /201819 dated 03.10.2018 for Providing BT surface to the Road from M-T R & B Road to Pottipalli village of Komarole Mandal in Prakasam District even after approval of the final bill payable to the petitioner by the respondents 1 to 4 is arbitrary, illegal and in violation of Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the respondents 1 to 3 to pay the final bill of Rs.33,66,934/- by the pass order dated 08.04.2022 by the 4th respondent along with interest @12 percent to the petitioner and pass... “
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2
learned counsel, this Writ Petition is also disposed of, at the admission stage, in terms of the orders passed in W.P.No. 17411 of
2022, dated 28.06.2022.
Accordingly, the respondents are directed to release the
legally admitted/entitled amount to the petitioner at the earliest.
and at any rate, within a period of six (06) weeks from the date of
receipt of copy of this order. It would be open to the petitioner to
agitate his claim for interest, if any, payable by the respondents, if he is so advised, in an appropriate forum. There shall be no orders as to costs.
Accordingly, the writ petition is disposed of. No costs.
Miscellaneous applications, pending if any,, shall stand closed.
Sd/- SHAIK MOHD. RAFI
ASSISTANT^ REGISTRAR
//TRUE COPY//
SEC N OFFICER
To,
Sdkr
; HIGH COURT
DATEb:20/07/2023
ORDER
WP.No.7490 of 2023
r
DISPOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the action of respondents in not paying the final bill agreed upon is arbitrary and illegal.
Colour shows how this judgement treated each authority
W.P.No. 17411 of 2022Referred¶26
M/s. Badam Constructions Rep. by Badam Venugopala Rao
The State of Andhra Pradesh rep. by Principal Secretary, Panchayat Raj Engineering Department
The State of Andhra Pradesh rep. by Principal Secretary, Finance and Planning Department
The Superintending Engineer, Panchayat Raj Circle
The Executive Engineer, Panchayat Raj Division
Justice Ravi Cheemalapati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
