IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. Nagarjuna Reddy, J.
J. Devender Ready – Appellant
Vs.
Kakatiya University and Ors. – Respondent
W.P. No. 36008 of 2014
Decided On : 11.12.2014
Education law - University Law College - Petition is filed for a Mandamus to declare inaction of respondents in arranging payment to petitioner towards works executed by him agreements as illegal and arbitrary - Petitioner sought for a consequential direction to respondents to pay amount due to him for contract works along with interest from due date - Petitioner pleaded that in pursuance of tender notification petitioner has filed his tender for construction of a library building to University Law College that petitioner had paid bid amount as against estimated contract value – Held, Merely for sake of obtaining formal approval by Vice-Chancellor or Registrar of University petitioner cannot be starved of his payments as same is purely an internal affair of the University - Indeed petitioner is entitled for payment of reasonable interest on amount admittedly due to him - Respondent being State within meaning of Article of Constitution of India cannot deprive citizen of payments legitimately due to him in guise of absence of an administrative sanction - It is not pleaded case of deponent of counter-affidavit that in-charge Vice-Chancellor is not empowered to take decisions involving payment of money - Decisions relating to non-academic affairs of respondent University are also expected to be taken by in-charge Vice Chancellor in same way as decisions relating to its academic affairs are being taken - In opinion withholding of amount payable to petitioner for contract works constitutes patent arbitrariness on part of respondents - Petition allowed (Para 8)
C.V. Nagarjuna Reddy, J.
1. This Writ Petition is filed for a Mandamus to declare the inaction of the respondents in arranging payment to the petitioner towards the works executed by him under agreements, dated 25-04-2005 and 09-01-2009, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to pay the amount due to him for the contract works along with interest @ 12% p.a., from the due date.
2. I have heard Mr. V. Narasimha Goud, learned Counsel for the petitioner, and Mr. Deepak Bhattacharjee, learned Standing Counsel for respondent No. 1- University.
3. The petitioner pleaded that in pursuance of tender notification, dated 17-03-2005, the petitioner has filed his tender for construction of a library building to the University Law College; that the petitioner had paid the bid amount of Rs. 18,33,334.42 ps., as against the estimated contract value of 23,79,744.04 ps.,; that an agreement bearing No. 1/0/05-06, dated 25-04-2005, was entered into between the parties; that in pursuance thereof, the petitioner had commenced the construction work and completed it within the stipulated period of six months; that the library building was inaugurated on 15-11-2006; that another agreement was entered into between the petitioner and the respondents on 09-01-2009 for construction of first floor of the University Law College building; that respondent No. 1 has felt the necessity of getting executed by the petitioner certain additional works such as construction of portico, dismantling and construction of stair case in the lobby, repairs and replacement of windows in the lecture halls 1 and 2 at ground floor, repairs and painting at the ground floor, approach road from the main road to college portico, closure of old gate and reconstruction of gate in front of the building. Accordingly, these works were entrusted to the petitioner for an estimated value of Rs. 9,50,000/-. The petitioner pleaded that he has completed all these works, but, he is being denied payment of the amount.
4. The petitioner has filed a copy of university engineer's Note file, dated 08-03-2011, a perusal of which would show that during the inspection by the Hon'ble Justice L. Narasimha Reddy, the Dean Faculty of Law, the Vice-Chancellor and the Development Officer, on 16-01-2009 and 30-05-2009, the above-mentioned additional works were found necessary, that an estimate was prepared for Rs. 9,50,000/- for the said works; that the proposals were placed for approval before the building committee; and that the building committee has, accordingly, approved the same in its 12th meeting held on 23-06-2009 vide agenda Item No. 12.4 (P); that the proposals were submitted to the Registrar for according administrative sanction; that, so far, the administrative sanction has not been received; and that the contractor is pressing for payment. The university engineer has, accordingly, prepared the note file and recommended for payment.
5. Though many years had gone by, the respondents have not made payment to the petitioner for the contract works executed by him. Therefore, he is constrained to file the present Writ Petition for a direction to the respondents to pay him the amount under the long pending bills.
6. On behalf of the respondents, the Registrar of respondent No. 1- University has filed a counter-affidavit wherein he has admitted the execution of the works under the contract by the petitioner. He has also averred that during the execution of the main work, certain additional works worth Rs. 9.50 lakhs were also undertaken by the petitioner pending administrative sanction; that the building committee during its 12th meeting has recorded the above work and forwarded the administrative sanction, but, the same was not given so far, and that, therefore, the bills are pending. He has further stated that on account of the delay in payment, the petitioner has approached the District Legal Services Authority and that the University has fi
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