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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Dibya Ranjan Chand – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. contract awarded upon being the lowest bidder (Para 1 , 2) |
| 2. dispute over completion of work and payment withholding (Para 5) |
| 3. analysis of contractual obligations and performance reports (Para 6) |
| 4. mandamus issued to release withheld payment (Para 7) |
ORDER :
2. The petitioner claimed to have executed the work to the satisfaction of the authority and handed over the same for beneficial use without any demand from any corner. While the petitioner was executing the work, the RA bills were submitted which were released from time to time, after recording the satisfaction on the quality and the quantity of work, which he undertook. The work was completed on 26.10.2024 and the possession was handed over to the authority on 24.11.2024. The petitioner submitted the final bill amounting to Rs.27.00 lakhs (approximately) which is withheld by the authority without assigning any reason in support thereof. The representations were made by the petitioner, yet there was no response from their end which compelled the petitioner to file the instant writ petition seeking a mandamus upon the opposite party No.6, Executive Officer, Basudevpur Municipality in terms of an agreement exec
The withholding of payment by the authorities post satisfactory completion of contractual obligations violates principles of unjust enrichment and contractual fairness.
Mandamus cannot compel payment unless entitlement is established; the court directed verification of claims amid disputes over contract execution.
The court's decision highlighted the principle of mandamus, emphasizing the obligation of the respondents to consider the petitioner's claim and take a decision within a stipulated period, in accorda....
Contractual compliance verification is essential for ensuring timely payment to contractors, as established in Article 226 of the Constitution.
Contractual payments must not be unduly delayed by the state without valid justification.
Writ petitions against State entities for payment of due amounts are maintainable even with disputed facts; contract completion obligates the State to release funds promptly.
Contractual obligation to pay for completed works despite the lack of objection during execution.
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