IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI
HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.21046 OF 2022
M/s.DGB Constructions Pvt Ltd., Rajahmundry
... Petitioner
Versus
The State of Andhra Pradesh represented by
Represented by its Principal Secretary,
Higher Education Department, and Others.
... Respondents
Counsel for the petitioner : Mr.Shaik Mohammed Ismail
Counsel for Respondent No.1 : G.P. for Higher Education
Counsel for Respondent No.2 : G.P. for Social Welfare
Counsel for Respondents 3 & 4: G.P. for Finance & Planning
Counsel for Respondents 5 to 9: Mr.G.V.S. Kishore Kumar
ORDER:
The petitioner had been awarded the contract for Rs.1,11,98,946/- for Construction of Hostel Building for Scheduled Caste Students in Government Polytechnic APT at Kakinada and construction of Government Model Residential Polytechnic at Rajahmundry, vide agreement dated 01.2.2018. After execution of the said contracts, the bills had been prepared. As the payment of the said amounts have not been made by the respondents, the petitioner has approached this Court by way of this Writ Petition.
2. Heard learned counsel for the petitioner, learned Government Pleader for Finance & Planning, Mr.G.V.S.Kishore Kumar, learned Standing Counsel. With their consent, the Writ Petition is being disposed of at the admissions stage.
3. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of 2 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.
4. 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 & 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.
5. 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 pleaders for Finance & Planning and learned counsel appearing for the respondent-Corporation, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.1,11,98,946/- to the petitioner at the earliest, and at any rate, within a period of six weeks from today. 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.
Consequently, miscellaneous applications, pending if any, shall stand closed.
_________________________ NINALA JAYASURYA, J July 27, 2022 vasu