B Chandra Mohan Reddy vs. The State Of Ap
Held
The Court considered the submissions of both parties. The respondents admitted the petitioner's bill amount and assured payment in due course. They also brought to the Court's attention a previous order in W.P.No.17411 of 2022, which directed payment within six weeks in similar circumstances. The petitioner's counsel reported no objection to this approach. Consequently, the Court disposed of the writ petition at the admission stage, directing the respondents to release the admitted/legally entitled amount to the petitioner at the earliest, and at any rate, within a period of six weeks from the date of receipt of a copy of the order. Regarding the claim for interest, the petitioner was granted liberty to approach the appropriate forum. The Court made no orders as to costs.
Facts
The petitioner, a contractor, filed a writ petition seeking a mandamus to direct the respondents to release admitted amounts for two contract works: repairs and painting of a building (Rs. 1,03,940) and barbed wire fencing (Rs. 1,62,746), totaling Rs. 2,66,686. The petitioner contended that the respondents' failure to release the payment was illegal and arbitrary, violating constitutional rights and principles of natural justice. The respondents, represented by various Government Pleaders and a Standing Counsel, admitted the bill amount and stated that payment would be made in due course. They referred to a previous order of the High Court in W.P.No.17411 of 2022, where a similar payment was directed to be made within six weeks.
Key Issues
1. Whether the action of the respondents in withholding the admitted contract payment of Rs. 2,66,686 is illegal, arbitrary, and violative of Articles 14, 19, and 21 of the Constitution of India and principles of natural justice? (Question of law and fact) Petitioner's contention: The respondents' inaction in releasing the admitted contract amount is illegal and arbitrary, violating fundamental constitutional rights and principles of natural justice. Respondents' contention: The respondents admitted the bill amount and stated that payment would be released in due course. They submitted that in similar circumstances, this Court had granted six weeks' time for payment, as evidenced by the order in W.P.No.17411 of 2022, and prayed for a similar direction.
AI-generated summary — verify with the full judgment below
THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO.4015 OF 2023 ORDER:
The present Writ Petition is filed by the petitioner under Article 226 of the Constitution of India, seeking the following relief: “. . . . . pleased to issue an appropriate Writ, order or orders or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the admitted amount for the contract work i.e., 1. Repairs and painting to the old building at Kambadur Village and Mandal Ananthapuramu District for an amount of Rs.1,03,940/- (One Lakh Three Thousand Nine Hundred and Fourty Rupees Only),
Providing Barbed wire fencing to the GST at Kambadur Village and Mandal, Ananthapur District for an amount of Rs.1,62,746/- (One Lakh Sixty Two Thousand Seven Hundred and Fourty Six Rupees Only) and the total amount of Rs.2,66,686/- (Two Lakhs Sixty Six Thousand Six Hundred and Eight Six Rupees Only) as illegal arbitrary violation of Article 14, 19 and 21 of the Constitution of India and violation of principles of natural justice contrary to the Rules and regulations and consequently, direct the Res
The judgment continues below.
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