Mule Nagamani, vs The State Of Andhra Pradesh,

Citation : 2022 Latest Caselaw 2268 AP
Judgement Date : 4 May, 2022

Andhra Pradesh High Court - Amravati
Mule Nagamani, vs The State Of Andhra Pradesh, on 4 May, 2022
Bench: R Raghunandan Rao
              HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                               W.P.No.434 of 2022

    ORDER:

The petitioner had been awarded the contract for the following works under different agreements.

Sl.No. Name of the work M.Book      CFMS      AGT No.   AGT Date    AGT amount
                        No.         Token                           In Rs.
                                    No.
1        Formation      of   6163   1931809   2023-     09.07.2018 8,66,540
         ayacut road from
                                              2018-19
         Gorvimanupalli to
         Guntala     Rasta
         near
         Gorvimanupalli
         (V), Kolimigundla
         (M)       Kurnool
         District
2        Formation      of   6162   1931829   2025-     09.07.2018 8,57,913
         Ayacut road from
                                              2018-19
         Gorvimanupalli to
         Bandala     chenu
         rasta        near
         Gorvimanupalli
         (V) Kolimigundla
         (M),      Kurnool
         Disrict.
3        Formation      of   6164   1931778   2026-     09.07.2018 8,75,161
         Ayacut road from
                                              2018-19
         Gorvimanupalli to
         Thummalakunta
         near
         Gorvimanupalli
         (V) Kolimigundla
         (M),      Kurnool
         Disrict.
4        Formation      of   6185   1965395   2024-     09.07.2018 8,75,161
         Ayacut road from
                                              2018-19
         Gorvimanupalli to
         Bandabavi rasta
         near
         Gorvimanupalli
         (V) Kolimigundla
         (M),      Kurnool
         Disrict.


After execution of the said contract, final bills had been prepared and submitted to the authorities concerned for payment. As the payment 2 RRR,J W.P.No.434 of 2022 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 counsel appearing for the respondents, this writ petition is disposed of with a direction to the respondents to release the amounts mentioned above 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.434 of 2022 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO W.P.No.434 of 2022 4th May, 2022 Js.