Andhra Pradesh High Court - Amravati
M/S. Raghava Project Constructions ... vs Amaravathi Metropolitan Region ... on 20 April, 2022
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
W.P.No.19982 of 2021
ORDER:-
This Writ Petition is filed under Article 226 of the Constitution of India to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus directing the respondents to release the admitted bill amounts of Rs.25,60,000/- vide agreement No.11/SE/(TT)/2019-20, dated 13.11.2019, Rs.56,00,000/- vide agreement No.12/CE/(TT)/2018-19, dated 28.08.2018 and Rs.1,40,00,000/- vide agreement No.29?CE/(TT)/2018-19, dated 18.02.2019 along with the Security deposits with interest @ 18% per annum from the respective due dates.
2. Heard both sides.
3. Learned counsel for the petitioner submits that as per clauses 63 and 69 of the Andhra Pradesh Standard Specifications, there is a corresponding obligation on the respondents to pay the bill amount within a period of six (06) months without any delay. Though the process of payment of bills was initiated, the same was not paid to the petitioner till date which is illegal and arbitrary. He submits that due to the non-payment of the bills, the petitioner is put to severe financial hardship.
4. Learned Standing Counsel did not dispute the same and stated that the payment of bills will be considered in due course as and when the funds are available.
5. In view of the facts and circumstances of the case and considering the submissions of both learned counsel and having perused the material record, this Court finds that despite of completion of work as per the terms and conditions of the agreement the non-payment of the bill amount is illegal and arbitrary and the 2 authorities are under an obligation to settle the undisputed bills as per the Andhra Pradesh Detailed Standard Specifications.
4. Accordingly, the Writ Petition is disposed of directing the respondents to pay the bill amounts of Rs.25,60,000/- (Rupees twenty five lakhs sixty thousand only), Rs.56,00,000/- (Rupees fifty six lakhs only) and Rs.1,40,00,000/- (Rupees one crore forty lakhs only) to the petitioner within a period of six (6) weeks from the date of receipt of a copy of the order. There shall be no order as to costs.
Miscellaneous Petitions pending, if any, shall stand closed.
________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 20-04-2022 EPS 3 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO 22 W.P.No.19982 OF 2021 Date: 20-04-2022 EPS