P Srihari Raju vs. The State Of Ap
Held
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. The Court noted that the respondents admitted the bill amount and agreed to pay. Regarding the claim for interest, the Court held that the petitioner is at liberty to approach the appropriate forum. The Court did not make any specific finding on the legality or arbitrariness of the non-payment beyond directing payment within a stipulated time, nor did it make a specific finding on the entitlement to interest, leaving it to another forum.
Facts
The petitioner, a contractor, filed a writ petition seeking payment for works executed for the Andhra Pradesh Police Housing Corporation Limited. The petitioner sought payment of two bills, totaling Rs. 53,74,168/-, along with 12% GST and interest from the date of completion. The works were awarded by the 3rd respondent. The respondents, including the Home Department, Finance and Planning Department, and the Police Housing Corporation, 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 a similar case (W.P.No.17411 of 2022) where six weeks' time was granted for payment. The petitioner's counsel had no objection to this approach.
Key Issues
1. Whether the action of the respondents in not paying the admitted bill amounts for executed works, including 12% GST and interest, is illegal, arbitrary, and violative of the principles of natural justice and Articles 14, 19(1)(g), and 21 of the Constitution of India? Petitioner's arguments: The petitioner argued that the respondents' failure to pay the admitted bill amounts, along with GST and interest, was illegal and arbitrary, violating constitutional rights. Revenue/State's arguments: The respondents admitted the bill amounts and stated they would pay in due course. They relied on a previous High Court order in W.P.No.17411 of 2022, which granted six weeks for payment in similar circumstances, 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.7475 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 order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declaring the action of the respondents in not paying the bills for execution of works, (i). vide Ag. Bond No.MD/LS/DEE-IV/179/2020-21, DTD.29-12-20 of Rs.29,76,898/- and (ii), Ag. Bond No.MD/LS/DEE-IV/178/2020-21, DTD.29-12-20 of Rs.23,97,270/- works awarded by 3rd respondent, for total an amount of Rs.53,74,168/- to the petitioner with 12% GST and interest till today from the date of completion of work, as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(1)(g), 21 of the Constitution of India, consequently direct the respondents to release the Bill amounts for the above work, immediately with 12% GST and interest and to pass.....”
Heard Sri K.L.N. Swamy, learned counsel for the petitioner, the learned Government Pleader for Home Department, the l
The judgment continues below.
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