HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.31271 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"to issue an order writ or direction more
particularly one in the nature of Writ of Mandamus
declaring the action on the part of the respondents
herein in not releasing and paying the bill an amount of Rs.3,29,132/- with interest @ 12% p.a even after completion of work long back as per the Agreement No.10/20172018, dated.05.01.2018 for maintenance and repairs to ZPH School at Gowdanakunta Village of Amarapuram Mandal, Sri Satya Sai District till today as illegal, arbitrary and violation of Articles 14, 19 and 300A of Constitution of India and consequently direct the respondents to release and pay the bill amount of Rs.3,29,132/- with interest of 12% p.a from the date of accepting the bills to the petitioner forthwith as per the agreement."
2. The contention of the petitioner is that he was awarded the contract works by the respondent No.3 i.e., for maintenance and repairs to ZPH School at Gowdanakunta Village of Amarapuram Mandal, Sri Satya Sai District and in that process an amount of Rs.3,29,132/- has to be paid by 2 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 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.3,29,132/- to the petitioner within a period of eight(8) weeks from the date of receipt of a copy 3 of this order . It would also be open to the petitioner to agitate his/her/their claim for interest, if any payable by the respondents in an appropriate forum.
No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
_______________ K.SURESH REDDY,J 08-11-2022.
TSNR