M/S Ideal Survey vs. The State Of Andhra Pradesh
Held
The Court directed the respondents to release the sum of Rs. 4,12,500/- to the petitioner. This direction was issued after considering the submissions of both parties. The respondents acknowledged the outstanding amount and indicated their intention to pay, subject to budget allocation and procedural steps like re-uploading the bill in CFMS. The Court found these submissions sufficient to dispose of the writ petition with a clear timeline. The reasoning is based on the acknowledgment of debt by the respondents and the petitioner's plea for payment. The operative direction is for the respondents to comply with all formalities and release the payment expeditiously, preferably within eight weeks from the date of the order. No specific provision of the GST Act was discussed or relied upon in the judgment.
Facts
The petitioner, M/s Ideal Survey, filed a writ petition before the High Court of Andhra Pradesh challenging the respondents' inaction in paying an amount of Rs. 4,12,500/-. This amount is due to the petitioner for services rendered, specifically "Conducting DGPS Survey, Geo Technical Investigation, Alignment, for the Revival of Inagallu L.I Scheme on Ogeru Vagu in Parchuru Mandal". The respondents, including the State of Andhra Pradesh and others, acknowledged the liability. The respondent-Corporation stated that payment would be made upon the Government releasing additional budget, and the bill would be re-uploaded in CFMS after budget allocation. The Assistant Government Pleader for Finance also requested time for payment.
Key Issues
1. Whether the respondents are legally obligated to pay the outstanding amount of Rs. 4,12,500/- to the petitioner for the survey and investigation works undertaken, as per the terms of engagement and the services rendered. 2. Whether the delay in payment by the respondents is justified, and if not, what is the appropriate course of action to ensure timely disbursement of the dues. The petitioner argued that the amount is legitimately payable for the completed works and that the respondents have failed to discharge their obligation. The respondents, through their counsel, submitted that the payment is contingent upon the release of additional budget by the Government and sought time for compliance. They indicated that the bill would be re-uploaded in CFMS once budget allocation is received.
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Cause title — parties, addresses and appearances
The Court made the following Order:
Heard the learned counsel for the petitioner, the learned Standing Counsel for the respondent-Corporation and the learned Assistant Government Pleader for Finance for the 5th respondent.
2
This writ petition is filed questioning the action of the respondents in not paying the amount of Rs.4,12,500/- payable to the petitioner in relation to the works i.e., “Conducting DGPS Survey, Geo Technical Investigation, Alignment, for the Revival of Inagallu L.I Scheme on Ogeru Vagu in Parchuru Mandal”.
The judgment continues below.
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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.