THE HON'BLE SRI JUSTICE K. SURESH REDDY
WRIT PETITION NO.24753 OF 2022
ORDER:-
The petitioner filed the present writ petition with the
following relief:-
"Writ, Order or direction more particularly in the nature of
Writ or Mandamus declaring action 6 of the respondents in not
paying a sum of Rs.17,26,669/- in respect of works "(i) Repairs to CG Hostel-1 (ii) Repairs to SW Boys Hostel No 1 and (iii) Repairs to SW Girls Hostel No 1 at Rajamahendravam in East Godavari District" as illegal, irregular, arbitrary, highhanded mala fide and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to release a sum of Rs.17,26,669/- along with 12% interest from the date of completion of the work to till the date of realization forthwith."
2. The petitioner was awarded the contract work i.e.,
(i) Repairs to CG Hostel-1 at Rajamahendravam in East Godavari District; (ii) Repairs to Social Welfare Boys Hostel No 1 at Rajamahendravam in East Godavari District and (iii) Repairs to Social Welfare Girls Hostel No 1 at Rajamahendravam in East Godavari District." The petitioner has also entered into an agreement with the respondent No.5 and he has successfully completed the execution of work.
3. The learned Government Pleader, on written instructions states that petitioner has successfully completed the
4. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sums of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high handed requiring the interference of this Court.
5. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
6. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of the learned counsel for the petitioner, learned Government Pleader for R&B, this writ petition is disposed of with a direction to the respondents to release the amount of Rs.17,26,669/- to the petitioner at the earliest, and at any rate, within a period of eight(08) weeks from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending shall stand closed.
HON'BLE SRI JUSTICE K. SURESH REDDY WRIT PETITION NO.24753 OF 2022 Dated:29.08.2022