Andhra Pradesh High Court - Amravati
Smt.C.Sujatha, 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: 7184 OF 2022
Between:
1. Smt.C.Sujatha,, W/o.Laluswamy, Aged about 35 years, Occ
Contractor, R/o. A.Kodur Village, Bandiatmakur Mandal,
Kurnool District.
...PETITIONER(S)
AND
1. The State of Andhra Pradesh, Rep.by Principal Secretary,
Irrigation and Water Resources Department, Secretariat,
Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Kurnool District, Kurnool.
3. The Superintendent of Engineer, Irrigation Circle, Kurnool,
Kurnool District.
4. The Executive Engineer, Water Resources Department,
M.I.Works Division, Nandyal, Kurnool District.
5. The Deputy Executive Engineer, M.I. Works Sub Division,
Nandyal, Kurnool District.
6. The State of Andhra Pradesh, Rep.by Principal Secretary,
Finance Department, Secretariat, Velagapudi, Amaravathi,
Guntur District.
...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.8,48,326/- vide CFMS No.1693983, Rs.8,50,538/- vide CFMS
No.1694023, Rs.8,50,538/- vide CFMS No.1694023, Rs.8,42,068/-
vide CFMS No.1694072, Rs.8,36,901/- vide CFMS No.1694114 and
Rs.8,50,538/- vide CFMS No.1694307 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 Kurnool District and successfully completed
those works. The net amount payable to the petitioner was concluded
Rs.8,48,326/- vide CFMS No.1693983, Rs.8,50,538/- vide CFMS
No.1694023, Rs.8,50,538/- vide CFMS No.1694023, Rs.8,42,068/-
vide CFMS No.1694072, Rs.8,36,901/- vide CFMS No.1694114 and
Rs.8,50,538/- vide CFMS No.1694307. 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 24.03.2022, 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 of Rs.8,48,326/- vide CFMS No.1693983,
Rs.8,50,538/- vide CFMS No.1694023, Rs.8,50,538/- vide CFMS
No.1694023, Rs.8,42,068/- vide CFMS No.1694072, Rs.8,36,901/-
vide CFMS No.1694114 and Rs.8,50,538/- vide CFMS No.1694307
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
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THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
12.02.2024
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