M.Veera Raghava Reddy vs. The State Of Andnra Pradesh

WP/14699/2019HC Andhra PradeshGSTCNR APHC01031377201917 October 2019Bench: G. SHYAM PRASAD3 pages
AI SummaryRemanded

Held

The Court considered the submissions of both parties. The petitioner had completed the work as per the agreement and raised a final bill for Rs. 22,42,072/-, which was admitted by the respondents. The Government Pleader sought time for payment. The Court, taking into account the admitted outstanding amount and the time sought by the respondents, disposed of the writ petition. The Court directed the 3rd respondent to deposit the admitted amount within eight weeks from the date of the order. No specific legal provisions were discussed or interpreted, as the matter was resolved based on the admitted liability and a mutually agreed timeline for payment.

Facts

The petitioner, a Civil Contractor, filed a writ petition seeking a direction for the payment of an admitted outstanding amount of Rs. 22,42,072/-. This amount was billed by the Executive Engineer, Amalapuram, pursuant to an agreement dated April 11, 2018. The petitioner had participated in an e-tender process initiated by the Superintending Engineer and was awarded work for Rs. 42,51,281/- plus applicable GST. The petitioner completed the work satisfactorily within six months. Payments totaling Rs. 25,00,000/- were made during the execution. After completion, the final bill was calculated at Rs. 22,42,072/-.

Key Issues

1. Whether the Court should issue a writ of Mandamus directing the respondents to pay the admitted outstanding amount of Rs. 22,42,072/- to the petitioner. Petitioner's contention: The petitioner argued that the work was completed as per the agreement and the final bill of Rs. 22,42,072/- was duly raised and admitted. Therefore, a direction should be issued for its payment. Revenue/State's contention: The learned Government Pleader for Panchayat Raj submitted that the respondents require eight weeks' time for the payment of the amount.

AI-generated summary — verify with the full judgment below

HON’BLE SRI JUSTICE G. SHYAM PRASAD

WRIT PETITION No.14699 OF 2019

ORDER:

This is a writ of Mandamus filed by the petitioner seeking for a direction to the respondents to pay the due and outstanding admitted amount of Rs.22,42,072/- as billed by the Executive Engineer, Amalapuram payable to the petitioner pursuant to the Agreement dated 11.04.2018. 02. Heard the arguments of learned counsel for the petitioner and learned Government Pleader for Panchayat Raj.

03.

The petitioner is the Civil Contractor and pursuant to a Tender notification dated 29.12.2017 issued by the Superintending Engineer/ 2nd respondent, the petitioner participated in the process of e-tender and his tender was accepted for an amount of Rs.42,51,281/- plus GST as applicable out of the estimated cost of Rs.50,00,000/-. The petitioner has completed the execution of the work within six(6) months in terms of the Agreement to the satisfaction of the respondents. During the execution of work, the petitioner was paid a total sum of Rs.25,00,000/- under two bills. After completion of the entire work as per the agreement dated 11.04.2018, the relevant M- Books were updated a

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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.