Veltech Enterprises vs The State Of Andhra Pradesh,

Citation : 2022 Latest Caselaw 9605 AP
Judgement Date : 14 December, 2022

Andhra Pradesh High Court - Amravati
Veltech Enterprises vs The State Of Andhra Pradesh, on 14 December, 2022
     HON'BLE SRI JUSTICE K.SURESH REDDY

                   W.P.No.34500 of 2022

ORDER:-


    This writ petition is filed seeking the following relief:-

           "to issue a Writ order or direction more particularly
    one in the nature of Writ of Mandamus declaring the action of
    the respondents 2 to 8 herein in not releasing the admitted

bill amounts of Rs.3,93,120/- vide ORDER No. 2137/ADDL/2012, Dt.21.03.2014; Rs.1,22,432/- vide ORDER No. AHF 02-22032/112/2019/H-TP-DAH Dt.11.12.2018; Rs.2,46,262/- vide ORDER No.50/A/2018 Dt.02.02.2019; Rs.4,59,846/- vide ORDER No.5/STORES/VBRI/2020 Dt.05. 03.2020; Rs 1,11,510/- vide ORDER No.6/ADDL/CH1TTOOR Dt.04.06.2020; Rs.37,170/- vide ORDER No.30/ADDL/2020 Dt.04.06.2020; Rs.32,391/- vide ORDER No. 11/ADDL/VZM/2020 Dt.08.06.2020; Rs.23,788-80/- vide ORDER No.4/ADDLS/VBR1/2021 Dt.07.05.2021, Rs.39,082/- vide ORDER No. AHF 02-32/19/2020/EPID SEC-DAH Dt.03.06.2021; Rs.7,66,602/- vide ORDER No.08/B/2018 Dt.05.10.2021; Rs.2,39,252/- vide ORDER No.45/ADDL/2021 Dt.20.12.2021 and Rs.32,922/- vide our Bill No. VE/T/P/010/2020-21, Dt. 06-06-2020 total amounting to Rs. 25,04,378/- (Rupees Twenty Five Lakhs Four Thousands Three Hundreds and Seventy Eight only) towards the costs of laboratory equipment, Refrigeration and Air Conditioning Equipments, Laboratory Consumables etc., supplied by the petitioner to the respondent authorities even after finalizing and passing the bills as illegal, arbitrary, unreasonable and 2 violative of Articles 14,16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release and pay the aforesaid amounts along with interest @24% p a.'

2. The contention of the petitioner is that it was awarded the contract works by the 3rd respondent i.e., supply of laboratory equipment and other goods and in that process an amount of Rs.25,04,378/- has to be paid by the respondents. Further, it is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid amount, 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.

3. 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.

4. The learned Government Pleaders for Animal Husbandry and Finance and Planning have not disputed the same and 3 submit that payment/bills will be considered in due course as and when funds made available.

5. In view of the aforesaid directions of this court in various cases and after hearing both sides, this writ petition is disposed of with a direction to the respondents to pay the pending bill amount i.e., Rs.25,04,378/- to the petitioner within a period of eight(8) weeks from the date of receipt of a copy of this order . It would also be open to the petitioner to agitate his/her/their claim for interest, if any payable by the respondents in an appropriate forum.

No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

________________ K.SURESH REDDY,J 14-12-2022.

TSNR