Andhra Pradesh High Court - Amravati
Koviri Mark vs The State Of Andhra Pradesh on 5 January, 2024
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.23483 of 2023
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"... to issue a writ order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 3rd and 5th respondents not considering the representation dated 7.12.2022 as illegal, arbitrary while so the respondents in not paying pending bills amount Rs.42,87,400/- (Forty two lakhs eighty seven thousand four hundred Rupees) payable to the petitioner Pursuant to the tender Letter No.3001/J1/2017 DT. 6.12.2018 and the request vide reference cited in spite of the petitioner have made a representation/reminders as illegal, arbitrary, violation and contrary to the principles of natural justice and consequently direct the respondents to pay the pending bills of an amount Rs. 42,87,400/- (Forty two lakhs eighty seven thousand four hundred Rupees) forth with interest 24% from the date of due...."
2. Heard learned counsel for the petitioner, learned Government Pleader for Finance & Planning appearing for respondent No.1 and learned Government Pleader for Fisheries appearing for respondents No.2 to 5. 2
3. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner are entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court.
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 needs to be cleared by the respondents at the earliest.
5. Learned Government Pleader for Fisheries submits that the respondent authorities are verifying the claims of the petitioner and would be in a position to make payments only after such verification is being completed.
6. In view of the aforesaid directions of this Court in various cases and after hearing both sides, this Court is inclined to dispose of the writ petition with a direction to the respondents to complete the verification process within a period of six (06) weeks from the date of receipt of a copy of 3 this order and thereafter to pay the amounts due to the petitioner depending upon the outcome of the verification within a period of eight (08) weeks.
7. With the above direction, the Writ Petition is disposed of. No costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_______________________ JUSTICE V.SUJATHA Date : 05.01.2024 KGR 4 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.23483 of 2023 Date : 05.01.2024 KGR