Andhra Pradesh High Court - Amravati
M/S. Tirumala Constructions vs The State Of Andhra Pradesh on 24 January, 2024
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.9249 of 2023
ORDER:
1. The petitioner had been awarded the contract of works under the subject scheme in East Godavari District. After execution of the said contract, final bills were prepared for sum of Rs.39,73,610/- and Rs.32,79,488/- as per the sanctioned orders. As the payment of the said amounts has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.
2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, 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. 2
4. On the other hand, learned Government Pleader for Irrigation while admitting about the claim of the petitioner placed on record instructions received from the Executive Engineer, Godavari Head Works Division, Dowlaiswaram, dated 24.01.2024. He would submit that the bills are uploaded in the CFMS portal and are waiting for fund clearance.
5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Irrigation this Writ Petition is disposed of with a direction to the respondents to release amounts of Rs.39,73,610/- and Rs.32,79,488/- to the petitioner, along with the interest @ 6% per annum, in view of the judgment of the Hon'ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of six (06) weeks from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. 3
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J 24.01.2024 KPV/MJA 4 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.9249 of 2023 24.01.2024 KPV/MJA