Tati Bullabbai vs. The State Of Andhra Pradesh
Held
The Court held that the non-payment of admitted dues, while not explicitly termed arbitrary in the final disposal, was addressed by directing the respondents to release the payment. The Court accepted the respondents' explanation that the delay was due to the non-availability of GST particulars. The Court directed the petitioner to furnish the GST details. Upon receipt of these details, the respondents were ordered to release the admitted amount of Rs. 2,51,304/- to the petitioner. Additionally, the respondents were directed to pay interest at the rate of 6% per annum on this amount, referencing a Division Bench judgment in Writ Appeal No.724 of 2021 and batch dated 12.10.2023. The payment was to be made within six weeks of receiving a copy of the order. The petitioner was also permitted to pursue a claim for higher interest in an appropriate forum. No issue was expressly left undecided.
Facts
The petitioner, having been awarded a contract for various works in East Godavari District, executed the work and prepared a final bill for Rs. 2,51,304/-. The respondents failed to make the payment, prompting the petitioner to file a writ petition. The petitioner contended that despite the respondents admitting the entitlement to the sum, payment was withheld arbitrarily. The respondents, through the Executive Engineer, stated that the bill could not be uploaded in CFMS due to the non-availability of the petitioner's GST particulars, which was the reason for the non-payment.
Key Issues
1. Whether the non-payment of the admitted contractual dues by the respondents is arbitrary and requires the interference of this Court, as per the petitioner's contention? 2. Whether the respondents' reason for non-payment, namely the non-availability of the petitioner's GST particulars, is a valid justification for withholding the admitted amount, and if not, what is the appropriate relief? Petitioner's Arguments: The petitioner argued that the non-payment of the admitted sum of Rs. 2,51,304/- was arbitrary and high-handed, necessitating judicial intervention. They relied on previous orders of the Court, including a learned Single Judge's order dated 05.10.2021 in W.P.No.10038 of 2021 and batch, which held such non-payment as arbitrary and requiring prompt clearance. Revenue's Arguments: The learned Government Pleader for Irrigation, while admitting the petitioner's claim, submitted that the bill amount could not be processed due to the non-availability of the petitioner's GST particulars. They stated that payment would be made promptly upon receipt of these details.
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.8689 OF 2023 ORDER:
The petitioner had been awarded the contract of various works under various schemes in East Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.2,51,304/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.
It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.
This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
On the other hand, learned Government Pleader for Irrigation while admitting about the claim of the pet
The judgment continues below.
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