Andhra Pradesh High Court - Amravati
M/S.Devan Infra Private Limited vs The State Of Andhra Pradesh on 3 January, 2024
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.2519 of 2023
ORDER:
1. The petitioners have been awarded the contract of work(s) under the subject scheme in SPSR Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.24,33,227/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioners have approached this Court by way of this writ petition.
2. It is the contention of the petitioners that even though the respondents admitted that the petitioners are entitled for payment of the aforesaid sum of money, no payment is being made. The petitioners contend 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. On the other hand, learned Government Pleader for Irrigation while admitting about the claim of the petitioners placed on record 2 instructions received from the Executive Engineer, Nellore, dated 22.12.2023. He would submit that due to non release of LOC, bill could not be paid. Soon after the LOC is released, payments will be made to the petitioners.
5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioners, learned Government Pleader for Irrigation this writ petition is disposed of with a direction to the respondents to release the amount of Rs.24,33,227/- to the petitioners, 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 petitioners to agitate their claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.
Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_______________________________ VENKATESWARLU NIMMAGADDA, J 03.01.2024 SCH/KMS 3 195 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.2519 of 2023 03.01.2024 SCH/KMS