HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.5130 of 2014 Date : 10-12-2014 Between:
M/s. Swarna Electricals & Contractors, Represented by its Authorised Signatory and Managing Director N. Suresh Rao, Hanamkonda, Warangal District .. Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Irrigation & CAD Department, Secretariat, Hyderabad and others .. Respondents Counsel for petitioner : Sri M. Roopender Counsel for respondents : Assistant Government Pleader for Irrigation and CAD Department The Court made the following:
ORDER:
At the Interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned Counsel for the parties.
This Writ Petition is filed for a mandamus to declare the action of the respondents in not paying the amounts to the tune of Rs.11,86,721/- to the petitioner in respect of the work executed by it, namely, Field Channel Survey and Investigation of Field Channel 7L (Minor) and DBM-69, as illegal and arbitrary.
It is averred in the affidavit filed in support of the Writ Petition that the petitioner was entrusted with the excavation of earth and forming of embankment and construction of CM & CD works including investigation, designing and estimation of DBM-69 main, minors, sub-minors and field channels of SRSP-State-II near Velishala village, Thirumalagiri Mandal, Nalgonda District under package No.55 (Entrustment of balance additional work under Package No.55); that the work entrusted to the petitioner was a part of the work deleted from the earlier contract under Package No.55 and that an agreement in respect of the said work was entered into with the respondents on 19- 4-2012. The petitioner further averred that it has carried out the work in accordance with the terms of the agreement and submitted bill No.XI in part to respondent No.2 for the work executed by it. The petitioner further averred that the quantities of work executed by it in respect of survey and investigation of field channel 7L Minor and DBM-69 was recorded and the value of the amount in respect of the said work recorded in the measurement book is Rs.11,86,721/-; that while processing the petitioner’s bill the said amount was deleted from payment without any justification or reason and that therefore the petitioner has addressed letter dated 3-2-2014 to respondent No.2 to which the said respondent has replied stating that in view of pendency of W.P.No.22659 of 2013 filed by the earlier contractor, the amount has not been paid.
On behalf of the respondents, respondent No.2 filed a counter affidavit wherein he has admitted the execution of the work by the petitioner. The only ground on which he has justified withholding of the money claimed by the petitioner is that M/s. AKR Coastal (JV), the previous contractor, to whom the said work along with another work was originally allotted, filed W.P.No.22659 of 2013 challenging withholding of the amount in respect of the work “Field Channel Survey and Investigation of Field Channel 7L Minor and DBM-69”
which was not done by him and that in view of the pendency of the said Writ Petition the amount payable to the petitioner was withheld.
From the stand taken in the counter affidavit by respondent No.2, it is evident that the petitioner has executed the above mentioned work and the previous contractor has not executed the same. Therefore, the respondents cannot withhold the amount towards the value of the work admittedly executed by the petitioner only on the ground of pendency of the Writ Petition filed by the previous contractor. When there is no dispute regarding the execution of work or the money payable to the petitioner towards the value of the said work under the agreement, the petitioner cannot be denied payment as it is no way concerned with the dispute between the previous contractor and the respondents. Therefore, the action of the respondents in withholding the admitted amount payable to the petitioner is liable to be termed as arbitrary and unreasonable.
On the above analysis, the Writ Petition is allowed with the direction to the respondents to pay the bill amount to the petitioner for the item of work, namely, Field Channel Survey and Investigation Field Channel 7L (Minor) and DBM-69, within a period of one month from the date of receipt of this order.
As a sequel to the disposal of the Writ Petition, WPMP No.6375 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 10-12-2014 AM