Andhra Pradesh High Court
WP/42425/2022 of USHA SANKAR CONSTRUCTIONS Vs THE STATE OF AP on 30 December 2022
SRI JUSTICE BATTU DEVANAND WRIT PETITION No. 42425 of 2022 O R D E R:- Heard learned counsel for the petitioner and the learned counsel appearing for the respondents. 2. The case of the petitioner is that the work of “construction of Sub Treasury Office Building at Parvathipuram
THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No. 42425 of 2022
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O R D E R:-
Heard learned counsel for the petitioner and the learned counsel appearing for the respondents.
2. The case of the petitioner is that the work of “construction of Sub Treasury Office Building at Parvathipuram (Village), Parvathipuram Manyam District (Erstwhile Vizianagaram District)vide agreement dated 28.08.2018 for Rs.47,05,346.00/- (Rupees Forty Seven Lakh Five Thousand Three Hundred and Forty Six only) (Gross Rs.51,45,385-Rs.44,0039 deduction)were entrusted to the petitioner. The petitioner completed the work as per the agreements within the time stipulated. After execution of the said contract, final bills were prepared on the basis of the Measurement Books, but the respondents failed to pay the bill amount till date, which is illegal and arbitrary.
3. Learned counsel for the petitioner would contend that as per the Clauses 68 and 69 of the A.P. Standard Specifications, there is a corresponding obligation to pay the bills within a period of Six months without any delay. The respondent authorities are not paying the amount, which is illegal and arbitrary.
4. Learned counsel for the petitioner further submits that in the event of non-payment of the admitted bills, the petitioner will be put to severe financial difficulties and it amounts to violation of Article 21 of the Constitution of India.
5. According to the petitioner, the amount of Rs.47,05,346.00/- (Rupees Forty Seven Lakh Five Thousand Three Hundred and Forty Six only) (Gross Rs.51,45,385-Rs.44,0039 deduction) are stated to be due towards the admittedbills.
6. In view of the directions of this Court in various cases and after hearing the submissions of both side counsel, this Writ Petition is disposed of with a direction to the respondents to release the admitted amounts of Rs.47,05,346.00/- (Rupees Forty Seven Lakh Five Thousand Three Hundred and Forty Six only) (Gross Rs.51,45,385-Rs.44,0039 deduction) to the petitioner at the earliest and at any rate, within a period of six weeks from the date of receipt of the Order. The differential amount may be claimed by the petitioner by the supporting material. It would also open to the petitioner to agitate his claim for interest, if any payable by the respondents, in an appropriate forum.
7. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this case shall stand closed.
Date : 30.12.2022
JUSTICE BATTU DEVANAND
MH
MH
HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No. 42425 of 2022
30.12.2022
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No. 34662 of 2022
Date : 09.12.2022
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