M/S. Balaji Engineering Works vs The State Of Andhra Pradesh

Citation : 2022 Latest Caselaw 6990 AP
Judgement Date : 14 September, 2022

Andhra Pradesh High Court - Amravati
M/S. Balaji Engineering Works vs The State Of Andhra Pradesh on 14 September, 2022
       HON'BLE SRI JUSTICE K.SURESH REDDY

                    W.P.No.26731 of 2022

ORDER:-


      This writ petition is filed seeking the following relief:-

            "Writ of Mandamus declaring the action of the
      Respondents in not releasing the amount for supplying the

machineries/equipments to the respondent authorities by the petitioner even though admitted amounts an amount of Rs.9,12,400/- is illegal, arbitrary, violation of principles of natural justice, contrary to the rules & Regulations and consequently, direct the respondents to pay the admitted amounts of Rs.9,12,400/- with cumulative interest."

2. The contention of the petitioner is that he is doing the business of manufacturing and supply of machineries to the agricultural farmers; that he supplied the material to the farmers as per the directions of the respondents and in that process an amount of Rs.9,12,400/- 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 clearly arbitrary and high-handed requiring the interference of this court.

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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 Pleader submits that the respondents-authorities are verifying the claims of the petitioner and would be in a position to make payments only after such verification is being completed.

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 complete the verification process within a period of four(4) weeks from the date of receipt of a copy of this order and thereafter to pay the amounts due to the petitioner depending upon the outcome of the verification within a period of six(6) weeks. 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.

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No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

_______________ K.SURESH REDDY,J 14-09-2022.

TSNR