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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 :
1. The instant writ petition at the behest of a contractor, who was awarded with a contract for construction of additional office building under Basudevpur Municipality after having adjudged as a lower bidder.
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 r
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.
A Writ of Mandamus can enforce payment for works completed under public contracts, ensuring due process in administrative decisions.
The duty of public authorities to release payments within a reasonable time frame for completed contractual obligations is affirmed.
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.
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