Somavarapu Babu Reddy vs. The State Of Andhra Pradesh
Held
The Court held that since the respondent authorities admitted the due amount and intended to pay it, there was no purpose in keeping the writ petition pending. The Court, with the consent of both parties, disposed of the writ petition at the admission stage. The respondent authorities were directed to release the legally entitled amount to the petitioner within a period of eight weeks from the date of receipt of a copy of the order. The Court also noted that it would be open to the petitioner to agitate their claim for interest, if any, in an appropriate forum if they were so advised. The issue of interest was expressly left to be pursued in a separate appropriate proceeding.
Facts
The petitioner, Somavarapu Babu Reddy, filed a writ petition before the High Court of Andhra Pradesh at Amaravati. The petitioner's grievance was that the respondent authorities had not paid a sum of Rs. 11,33,126/- for work done under the 'Nimmavarathalau-Pedalandariki Illu' scheme, specifically for the formation of internal roads and house sites in survey numbers 286, 288/1, 288/1A, and 298 of Yeleswaram Nagar Panchayat, Kakinada District. The Nagar Panchayat, through its Commissioner, submitted written instructions admitting the bill and stating that payment would be made upon release of funds by the Government. The Commissioner sought eight weeks' time for payment. The petitioner's counsel had no objection to this timeline.
Key Issues
1. Whether the respondent authorities are liable to pay the admitted due amount to the petitioner, and if so, within what timeframe? (Mixed question of law and fact, concerning principles of contract and payment obligations). Petitioner's Contention: The petitioner sought payment of the admitted due amount of Rs. 11,33,126/- for the work completed. Respondent's Contention: The respondent authorities, represented by the Yeleswaram Nagarpanchayat, admitted the bill and stated that payment would be made as and when funds are released by the Government. They sought eight weeks' time for payment. The written instructions indicated a total payment of Rs. 17,28,255/- (including GST and after recoveries), with recoveries of Rs. 2,16,802/- to be paid to concerned departments based on fund availability.
Sections Cited
None explicitly mentioned in the provided text as being discussed or forming the basis of the decision, other than the general context of payment for work done which would implicitly involve contractual and financial regulations.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER: The short grievance are not paying a sum of R Pedalandariki Illu’ for forma 288/1, 288/1A and 298 of Y 1
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HE TWENTY SIXTH DAY OF APRIL HOUSAND AND TWENTY FOUR PRESENT BLE SRI JUSTICE RAVI CHEEMALAPA T PETITION NO: 8524/2024 ...PE AND sh and others ...RESPO r: RA RAO ent(S): ADMN URBAN DEV PLANNING wing: of the petitioner is that, the respondent Rs.11,33,126/- relating to work under ‘N ation of internal road house sites in surve Yeleswaram Nagar Panchayat, Kakinada
[3332] ATI ETITIONER ONDENT(S) t authorities avaratnalu- ey Nos.286, a District.
2
When the matter is taken up for consideration today, Sri M.Manohar Reddy, learned standing counsel for Yeleswaram Nagarpanchayat, while placing the written instructions of the Commissioner, dated 22.04.2024 on record, submitted th
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