HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.27475 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 i) Providing Amenities for Differently Abled and Senior Citizens in Social Welfare Boys Hostel No.11 at Seethammadhara of Visakhapatnam District through the Agreement No.33/2020-21, dated 08/01/2021 for an amount of Rs.15,50,522/, ii)
1.Construction of Toilet Block to SWGH Bheemili and Repairs of Toilet Block to SWBH at Bheemili, 2. Construction of new Toilet in SWGH at Chittivalasa 3. Repairs Toilet Bath Rooms and Construction of new toilet in SWGH at Bheemili through the Agreement No /2019- 20, dated.28/02/2020 for an amount of Rs 8,70,974/ iii) 1. Special Repairs to Toilet and Bath Rooms and Construction of New Toilet in SWGH at Pendurthi, 2.Construction of New Toilets in SWGH at Sabbavaram through the Agreement No.07/2019-20, dated 25-12-2019 for an amount of Rs.9,14,354/- and iv) Minor Repairs to Government B.C. Boys Hostel at Thanam Lankelapalem through the Agreement No. /2018-19, dated. 21/06/2018 for an amount of Rs.7,18,822/- totaling an amount of Rs.40,54,672/- as illegal, arbitrary and violative of Articles.14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.40,54,672/- with interest at 18% for the pending bills forthwith for the above said works executed by the petitioner."
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2. The contention of the petitioner is that he was awarded contract of execution of various civil works by the respondents, the details of which are mentioned in the above writ prayer, and in that process an amount of Rs.40,54,672/- has to be paid to the petitioner. 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. The learned Standing Counsel for the 3rd respondent, on written instructions, states that the writ petitioner claimed the gross amount instead of net payable amount. As such, the respondents are under obligation to pay only the net payable amount. The learned counsel for the petitioner did not dispute the above fact.
4. 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. 3
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 release/pay the net amount payable to the petitioner at the earliest, and at any rate, within a period of eight(8) weeks from the date of receipt of a copy of this order. However, it would be open to the petitioner to agitate his 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 26-09-2022.
TSNR