Ghanta Siva Prasad vs. The State Of Andhra Pradesh

WP/1952/2022HC Andhra PradeshGSTCNR APHC01002825202208 December 2024Bench: B S BHANUMATHI3 pages
For Petitioner: K L N SWAMYFor Respondent: GP FOR IRRIGATION COMM AREA DEV, GP FOR FINANCE PLANNING (AP)
AI SummaryDismissed

Held

The Court noted that the learned counsel for the petitioner submitted that the relief sought in the writ petition had become infructuous. Based on this submission, the Court dismissed the writ petition as infructuous. No specific findings were made on the merits of the petitioner's claims regarding the payment of bills, GST, or interest. The reasoning for the dismissal was solely based on the petitioner's counsel stating that the matter was no longer alive. The operative direction was to dismiss the petition. No issues were expressly left undecided, as the dismissal rendered further adjudication unnecessary.

Facts

The petitioner, Ghanta Siva Prasad, filed a writ petition seeking a direction to the respondents (State of Andhra Pradesh and others) to pay bills for executed works under agreement No. 27/2020-21, valued at Rs. 11,93,395/-. The petitioner also claimed 12% GST and interest from the date of completion of the works. The petitioner contended that the respondents' action in not paying the bills was illegal, arbitrary, and violative of constitutional principles. The writ petition was filed seeking a declaration and consequential directions for the release of payments. The respondents were represented by Government Pleaders for Irrigation and Finance Planning.

Key Issues

1. Whether the action of the respondents in not paying the bills for executed works, including 12% GST and interest, is illegal, arbitrary, and violative of the principles of natural justice and Articles 14, 16, and 21 of the Constitution of India? The petitioner argued that the respondents' failure to release payments for completed works, along with GST and interest, constituted a violation of constitutional rights and principles of natural justice. The petitioner sought a declaration to this effect and a consequential direction for immediate payment. The respondents, represented by Government Pleaders, did not present any specific arguments on the merits of the case as recorded in the judgment. The primary contention revolved around the petitioner's claim for payment and associated charges.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
APHC010028252022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1952/2022 Between: Ghanta Siva Prasad, ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING (AP)

The Court made the following Order:

This writ petition is filed under Article 226 of Constitution of India seeking the following relief:

“…to issue order or orders, direction or directions, writ or writs particularly one in the nature Writ of Mandamus or any appropriate writ to declare the action of the respondents in not paying the bills for execution of works vide agreement No.27/2020-21, awarded by 6th respondent and worth of Rs.11,93,395/- to the petitioner

2

W.P.No.1952 of 2022

with 12% GST and interest till today from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of

The judgment continues below.

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