Andhra Pradesh High Court - Amravati
M/S. M.P.A.D. Engineering Quality ... vs The State Of Andhra Pradesh on 12 February, 2024
1
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY ,THE TWELFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
WRIT PETITION NO: 5252 OF 2022
Between:
1. M/S. M.P.A.D. ENGINEERING QUALITY CONTROL LAB,
M/s.M.P.A.D. Engineering Quality Control Lab MPAD Residency,
No.2-4-48/10, New Friends Colony, Upperpally, Rajendera Nagar
Mandal Ranga Reddy Dist, 500048, rep. by its Managing Director,
Smt.K.Padma
...PETITIONER(S)
AND
1. The State of Andhra Pradesh, , Rep. by its Principal Secretary to
Government, Water Resources Department, A.P. Secretariat,
Velagapudi, Amaravathi,Guntur District.
2. The Executive Engineer, I.B.Divion, Dharmavaram, Anantapuram,
Anantapuram District
3. The Pay and Accounts Officer, Anantapuram, Anantapuram Dist.
...RESPONDENTS
The Court made the following:
1. The petitioner seeks writ of mandamus to declare the action of the
respondents in withholding and not releasing an amount of Rs.6,76,914/-
even after execution of work, as illegal, arbitrary and violative of principles
of natural justice and for a consequential direction.
2. The petitioner's case is that, the petitioner has undertaken certain
repair works in Anantapuram District and successfully completed those
works. The net amount payable to the petitioner was concluded at
Rs.6,76,914/-. On completion of the agreed works, the respondent
authorities did not pay the amount till date. Though the works were
completed long back and the default liability period of two years was
also completed, still, the respondent authorities have not returned the
amount. Hence, the writ petition is preferred seeking a direction to the
respondents to pay the amount with interest.
3. Heard. No counter is filed by the respondents.
4. As can be seen, the petitioner's case is a pitiable one. The
petitioner has successfully completed the agreed works to the
satisfaction of the authorities. However, the bill amount was withheld
and not returned, most importantly, without any reason.
5. Though this Court passed an interim order on 02.03.2022,
directing the respondents to pay the finalized and approved bill amount
as per the M-Book and Quality Control Certificate to the petitioner,
within a period of six (06), the same was not paid. It is imperative for
public authorities to recognize their responsibility and promptly fulfil
contractual obligations by paying the agreed-upon amounts to
contractors. Failing to do so not only jeopardizes future contractor
engagement but also undermines the quality of work delivered. In the
present case, the withholding of the bill amount lacks justification.
Therefore, it is only fair for the petitioner to receive the payment owed to
them, along with interest.
6. Hence, writ petition is disposed of, directing the respondent
authorities to pay bill amount Rs.6,76,914/- to the petitioner along with
the interest @ 6% per annum, in view of the judgment of the Hon'ble
Division Bench of this Court in Writ Appeal No.724 of 2021 and batch
dated 12.10.2023, within a period of six (06) weeks from the date of
receipt of a copy of this order.
7. It would also be open to the petitioner to agitate his claim
differential amount/higher rate of interest, if any payable by the
respondents, in an appropriate forum. There shall be no order as to costs.
8. Consequently, miscellaneous applications pending, if any, shall
stand closed.
_________________________________________
JUSTICE VENKATESWARLU NIMMAGADDA
Date: 12.02.2024
klk
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
12.02.2024
Kl k
