Kodali Ganga Bhavani vs. The State Of Andhra Pradesh
Held
The Court held that the respondents should finalize the amounts payable to the petitioner within three weeks from the date of the order and pay the due amounts within six weeks thereafter. This decision was based on the precedent set by a previous order in W.P.No.3074 of 2022, which directed payment of the principal amount in similar circumstances. The Court explicitly stated that it would be open for the petitioner to agitate their rights for the payment of interest in an appropriate forum, indicating that the current order only addresses the principal amount. No order as to costs was made.
Facts
The petitioner, having executed a contract work for removal of weed channels in Atkur under agreement No.115/2018-19 dated 14.06.2018, submitted a bill for Rs.57,663/- for payment. As the respondents failed to make the payment, the petitioner filed this writ petition. The Court noted a similar prior order dated 08.02.2022 in W.P.No.3074 of 2022, where a learned Single Judge directed payment of the principal amount while allowing the petitioner to pursue interest separately. Following this precedent, the present writ petition was disposed of.
Key Issues
1. Whether the respondents are liable to pay the principal amount of the bill raised by the petitioner for contract work executed, and if so, within what timeframe? The petitioner argued for the payment of the principal amount due for the contract work. The respondents' specific arguments are not recorded in the judgment. The issue hinges on the obligation to pay for services rendered under a contract. The Court's decision is influenced by a previous order in a similar case (W.P.No.3074 of 2022) which directed payment of the principal amount.
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.7210 of 2023
ORDER: The petitioner had executed a contract work for removal of weed channels/canals in Atkur vide agreement No.115/2018- 19, dated 14.06.2018. After execution of the said contract, an amount of Rs.57,663/- had been prepared and submitted to the concerned for payment. 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.
A learned Single Judge of this Court, in similar Circumstances, after considering the earlier orders of this Court, by an order dated 08.02.2022 in W.P.No.3074 of 2022, had directed that the respondents should pay the principal amount of the bill raised by the petitioner therein while leaving it open to the petitioner to agitate his right for interest.
In the said circumstances and following the said judgment, this writ petition is disposed of with a direction to the respondents to finalize the amounts payable to the petitioner within a period of three weeks from today and in any event to pay the amounts due to the petitioner within a period of six weeks thereafter.
The judgment continues below.
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