Chowday Suresh vs. The State Of Andhra Pradesh
Held
The Court directed the respondent authorities to release the admitted/legally entitled amount of Rs. 43,96,652/- to the petitioner at the earliest, and at any rate, within eight weeks from the date of receipt of the order. The Court also granted liberty to the petitioner to agitate their claim for interest, if any, in an appropriate forum and to take steps for the recovery of the balance amount in accordance with law. The Court noted that the petitioner had claimed Rs. 49,83,368/- while the respondents were ready to pay Rs. 43,96,652/-, justifying the petitioner's request for liberty to pursue the balance.
Facts
The petitioner, a contractor, filed a writ petition seeking payment of Rs. 49,83,368/- for works executed under an agreement dated March 7, 2017. The respondents, including the Andhra Pradesh Tourism Development Corporation (APTDC) and various government departments, were withholding this payment. The APTDC, through its standing counsel, submitted written instructions indicating that administrative sanction for Rs. 37.53 Crores had been issued. A bill, prepared implementing GST, amounting to Rs. 43,96,652/-, was submitted on September 8, 2023, for scrutiny and payment processing through CFMS. The petitioner had no objection to receiving this amount but sought liberty to pursue the balance.
Key Issues
1. Whether the respondents are legally obligated to release the admitted amount of Rs. 43,96,652/- to the petitioner, considering the petitioner's claim of Rs. 49,83,368/- for works executed under Agreement Bond No. 118/SPE/APTDC/Agmt/2016-17 dated March 7, 2017? Petitioner's Contention: The petitioner sought the release of the full amount claimed and interest on the delayed payment. Revenue/State's Contention: The APTDC, through its standing counsel, submitted that an amount of Rs. 43,96,652/- was ready for payment after implementing GST and undergoing internal scrutiny and CFMS upload. They sought time to process this payment.
AI-generated summary — verify with the full judgment below
1
THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No.21874 of 2023 ORDER: This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking the following relief:
“….to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payment of Rs.49,83,368/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., “Construction of approach road, water supply, power connection, internal and external electrification works, bund development, floating jetty, children play area, Landscaping, fencing etc., and also providing doors and window, interiors for existing defunct dormitory and restaurant of Pedamallam Village, Achanta Mandal, W G District” vide Agreement Bond No.118/SPE/APTDC/Agmt/2016-17 dated 07.03.2017 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amount of Rs.49,83,368/- with interest @ 24 % per annum for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith and pass suc
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