Sayed Kalesha vs The State Of Andhra Pradesh

Citation : 2022 Latest Caselaw 2781 AP
Judgement Date : 27 June, 2022

Andhra Pradesh High Court - Amravati
Sayed Kalesha vs The State Of Andhra Pradesh on 27 June, 2022
     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                  WRIT PETITION No.12719 of 2022

ORDER:

The petitioner had been awarded the contract for 1) providing drinking water facility with 100% house hold service connections to Chemudugunta in Venkatachalam Mandal, vide Agreement No.SO-II/ / 2018-19, dated 04.06.2018 2) providing drinking water facility with 100% house hold service connections to Vaddipalem of Venkatakrishnapuram of Kasumuru GP in Venkatachalam Mandal, vide Agreement No.SO-II/ / 2018-19, dated 02.06.2018, 3) providing drinking water facility with 100% house hold service connections to Kakutur GP in Venkatachalam Mandal, vide Agreement No.SO-II/08/ 2018-19, dated 11.06.2018,

4) providing drinking water facility with 100% house hold service connections to Venkatachalam GP in Venkatachalam Mandal, vide Agreement No.SO-II/ / 2018-19, dated 19.05.2018 and 5) providing drinking water facility with 100% house hold service connections to Chinnuru of Kasumuru in Venkatachalam Mandal, vide Agreement No.SO-II/ / 2018-19, dated 02.06.2018, under National Rurban Mission (NRUM) grant. After execution of the said contract, final bills were prepared for sums of Rs.14,77,491/-, Rs.8,88,613/-, Rs.22,72,346/-, Rs.18,35,093/- and Rs.16,79,138/-, as per agreements dated 04.06.2018, 02.06.2018, 11.06.2018, 19.05.2018 and 02.06.2018 respectively. As the payment of the said amounts has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.

2. 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.

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. 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 Panchayat Raj and learned counsel appearing for the respondents, this Writ Petition is disposed of with a direction to the respondents to release the amounts of Rs.14,77,491/-, Rs.8,88,613/-, Rs.22,72,346/-, Rs.18,35,093/- and Rs.16,79,138/- to the petitioner at the earliest, and at any rate, within a period of six weeks from the date of receipt of a copy of this order, failing which the petitioner is eligible for interest @12% per annum. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J Date: 27.06.2022 BSP 3 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.12719 of 2022 Dated: 27.06.2022 BSP