HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.28758 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"to issue Writ, Order or direction more particularly
one in the nature of Writ of Mandamus declaring the
action of the respondents in not paying the Petitioner an
amount of Rs.24,96,711/- due to the petitioner vide work order, dated.05.02.2021 as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Articles.14, 19 and 21 of the Constitution of India and consequently direct the respondents to make the payment of an amount of Rs.24,96,711/- forthwith along with an interest of 18% p a."
2. The contention of the petitioner-M/s.Kendriya Bandar is that it was awarded the contract works by the 6th respondent i.e., supply of school furniture and in that process an amount of Rs.24,96,711/- 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 2 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 School Education, Social Welfare and Finance and Planning have not disputed the same and 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.63,79,458/- 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 its/his/her/their claim for interest, if any payable by the respondents in an appropriate forum. 3
No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
_______________ K.SURESH REDDY,J 04-11-2022.
TSNR