Andhra Pradesh High Court - Amravati
T.Nagarathnam vs The State Of Andhra Pradesh, on 16 February, 2024
APHC010143912022 IN THE HIGH COURT OF ANDHRA
PRADESH :: AMARAVATI
(Special Original Jurisdiction)
[3329]
TUESDAY ,THE TWENTIETH DAY OF
FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 10114 OF 2022
Between:
1. T.Nagarathnam, S/o Late T.Amrutham, age about 50 years, Occ-
Cultivation and Contractor, R/o H No 5-56/1, Sankrantipalli,
Chittoor District.
...PETITIONER(S)
AND
1. The State of Andhra Pradesh, Rep. by Principal Secretary, Irrigation
and CAD, Secretariat Buildings, Velagapudi, Amaravathi.
2. The Engineer in Chief, Irrigation and CAD, D.No.48-10-9/1, NH
Feeder Road, Currency Nagar, Vijayawada, Krishna District.
3. The District Collector, Chittoor District at Chittoor.
4. The Executive Engineer, Irrigation and CAD, Chittoor Division,
Chittoor District.
5. The Pay and Accounts Officer, (Works andProjects), Chittoor
District, Chittoor.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that
in the circumstances stated in the affidavit filed therewith, the High
Court may be pleased topleased to issue an appropriate Writ, Order or
direction more particularly one in the nature of Writ of Mandamus
declaring the action of the respondents in non-compliance of payment of
Rs.4,86,780/- as per the M.Book No.131-B, dated 21-01-2019,
including quality control, holding amounts, for the works done by the
petitioner for repairs to Check dam across Modali vanka near
Nunegundlapalli of Bangarupalem Mandal, Chittoor District, as illegal,
arbitrary, violation of principles of natural justice, contrary tothe Rules
and Regulations there under and consequently direct the respondents to
pay an amount of Rs.4,86,780/-as per the M.Book No.131-B, dated 21-
01-2019, including quality control, holding amounts, and pass
IA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court
may be pleased pleased to direct the respondents to release the funds
through a proper channel for payment of Rs.4,86,780/-as per the
M.Book No.131-13, dated 21-01-2019, including quality control, holding
amounts, pending disposal of the writ petition and pass
Counsel for the Petitioner(s):SRI. K V L NARASIMHA RAO
Counsel for the Respondents: GP FOR IRRIGATION COMM AREA
DEV
The Court made the following:
1. The petitioner seeks writ of mandamus to declare the action of the
respondents in not releasing an amount of Rs.4,86,780/- 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 Chittoor District and successfully completed those works.
The net amount payable to the petitioner was concluded at Rs.4,86,780/.
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 18.04.2022,
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) weeks, the same was not paid. It is imperative
for public authorities to recognize their responsibility and promptly fulfill
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.4,86,780/- 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:16.02.2024
BSP
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.10114 of 2022
Dated:16.02.2024
BSP
