Pollisetti Venkata Ramakrishna vs. The State Of Andhra Pradesh

Held

The Court held that the respondents were directed to release the legally admitted/entitled net amounts to the petitioner at the earliest, and at any rate, within a period of three months from the date of receipt of a copy of the order. This decision was based on the submission by the learned Standing Counsel for the Andhra Pradesh State Housing Corporation that the authorities admitted to paying the entitled net amounts and sought time for this purpose. The petitioner's counsel reported no objection to this submission. The Court found no reason to interfere with the proposed course of action and disposed of the writ petition with the aforementioned direction. The issue of GST was implicitly covered within the "legally admitted/entitled net amounts" that the respondents agreed to pay.

Facts

The petitioner, Polisettti Venkata Ramakrishna, a contractor, filed a writ petition before the High Court of Andhra Pradesh challenging the non-release of payments totaling Rs. 6,10,847/- for works executed in Jagananna Housing Colonies in West Godavari District. The amounts pertain to providing internal roads in two parts of a housing layout, as evidenced by M. Book No. 56/2023 and M. Book No. 155/2022-23. The petitioner sought the release of these amounts, including GST, alleging the action of the respondents was illegal, arbitrary, and violative of constitutional rights. The respondents included various state departments and the Andhra Pradesh State Housing Corporation Limited.

Key Issues

1. Whether the action of the respondents in withholding the payment of Rs. 6,10,847/- to the petitioner for the completed works is illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India? 2. Whether the petitioner is entitled to the release of the admitted/entitled net amounts, including GST, for the executed works? Petitioner's arguments: The petitioner contended that the respondents' failure to release the payments for the completed works was illegal, arbitrary, and violated their fundamental rights under Articles 14 and 21 of the Constitution. They sought a direction for the immediate release of the outstanding amount of Rs. 6,10,847/- plus GST. Respondents' arguments: The learned Standing Counsel for the Andhra Pradesh State Housing Corporation, on instructions, submitted that the authorities admitted to paying the entitled net amounts to the petitioner and requested three months' time for such payment. The judgment records no specific arguments from other respondents.