The High Court disposed of a writ petition involving a contractor's claim for refund of withheld work payments. It directed the respondent to consider a specific representation regarding the pending amount and pass appropriate orders within four 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.
HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.25037 of 2013
ORDER:
Heard the Learned Counsel for the petitioner and the Learned Government Pleader for Irrigation.
The petitioner, who is a contractor, executed work relating to construction of aqueduct at KM 24.276 of OVP left canal of PJP near Shakapur Village, Pebbair Mandal, Mahabubnagar District through L.S.AGT.No.32/PJP/2010-2011 dated 24.11.2010. He claims that, as per the terms of agreement, since the final work was already completed and the performance guaranteed period also expired, the amount withheld from his running bills is liable to be refunded. According to the petitioner, the total amount refundable to him is Rs.18,42,186/- which is pending, and lying with the respondent (Superintendent Engineer, PJP Circle No.1, Gadwal, Mahabubnagar District) without any directions as to refund though he is entitled to refund in terms of the agreement. He also claims that he made a representation to the respondent on 21.01.2013 seeking release of the amount withheld but no action is taken by the respondents. Aggrieved by the inaction, the present Writ Petition is filed.
Since the grievance of the petitioner is limited to the extent of consideration of representation dated 21.01.2013, and for passing appropriate orders thereon, I deem it appropriate to dispose of the Writ Petition directing the respondent to consider the petitioner’s representation dated 21.01.2013 (Ex.P.2), in accordance with the agreement between the parties, and pass appropriate orders with respect to the alleged amount withheld by the government. The petitioner is also at liberty to file an additional
representation supplemental to the representation dated 21.01.2013 so as to clarify his actual claim and entitlement in terms of the agreement. On receipt of such supplemental representation, the respondent shall consider the same and pass appropriate orders, in terms of the agreement, within four weeks therefrom.
The Writ Petition is, accordingly, disposed of. Miscellaneous petitions pending, if any, shall also stand disposed of. No order as to costs.
VILAS V.AFZULPURKAR,J
Date: 04.09.2013 usd
1 issue framed by the court
Whether the respondent authority is liable to refund the pending amount withheld under the agreement.
Contractor
Superintendent Engineer, PJP Circle No.1, Gadwal
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
