M/S. Jmc Constructions Private ... vs The State Of Andhra Pradesh,

Citation : 2022 Latest Caselaw 2263 AP
Judgement Date : 4 May, 2022

Andhra Pradesh High Court - Amravati
M/S. Jmc Constructions Private ... vs The State Of Andhra Pradesh, on 4 May, 2022
Bench: R Raghunandan Rao
           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                         W.P.No.7080 of 2022

ORDER:

The petitioner had been awarded the contract for urgent repairs to riding surface from km, 0/0 to ¼ of Chittoor -Aragonda in Chittoor; FDR to Riding Surface from Km 1/8 to 3/5 of Chittoor Byepass road connecting Chittoor Kurnool road (NH-18) and Chennai-Chittoor Bangalore (NH-4) in chittoor District; and FDR to Riding Surface fro km 4/0 to 6/8 of Chittoor Byepass road connecting Chittoor Kurnool road (NH-18) and Chennai- chittoor Banhalore (NH-4), under agreements dated 23.02.2021, 31.03.2021 and 31.03.2021. After execution of the said contract, final bills for Rs.13,94,808/-, Rs.22,63,825/- and Rs.22,20,783/- had been prepared and submitted to the authorities concerned for payment. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.

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.

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.

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 2 RRR,J W.P.No.7080 of 2022 counsel appearing for the respondents, this writ petition is disposed of with a direction to the respondents to release the amount of Rs.13,94,808/-, Rs.22,63,825/- and Rs.22,20,783/- 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. 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, pending miscellaneous petitions, if any, shall stand closed.

_________________________ R. RAGHUNANDAN RAO, J.

4th May, 2022 Js.

                          3                          RRR,J
                                      W.P.No.7080 of 2022




      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




                W.P.No.7080 of 2022




                   4th May, 2022
Js.