HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.29608 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"to issue a Writ Order or Direction more
particularly one in the nature of WRIT OF MANDAMUS or
any other appropriate Writ or direction declaring the
action of the respondents in not releasing the payments
for the works i.e., for Construction of Additional Class Room to MPP School (Main) at Medapadu Village of Elamanchili Mandal, West Godavari District through M.Book.No.419/SSA/A/2017-18 for an amount of Rs.9,38,456/- as illegal, arbitrary and violative of Art.14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.9,38,456/- with interest at 18% p.a. for the pending bills forthwith for the above said works executed by the petitioner."
2. The contention of the petitioner is that he was awarded the contract works by the respondent Nos.5 to 7 i.e., for Construction of Additional Class Room to MPP School Main at Medapadu Village of Elamanchili Mandal, West Godavari District and in that process an amount of Rs.9,38,456/- has to be paid by the respondents. Further, it is the contention of the 2 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.9,38,456/- 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 3 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