P Krishna Naik vs The State Of Andhra Pradesh
2022 Latest Caselaw 1647 AP

        THE HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                         W.P.NO.6401 of 2022

ORDER

The petitioner had been awarded the contract for civil works, under

agreements dated 08.06.2018, 25.08.2018 and 01.09.2018. After

execution of the said contract, final bills, for the amounts of Rs.7,49,435

vide CFMS ID No.2019-286232; Rs.7,97,766/- vide CFMS ID No.2019-

287085; and Rs.5,56,086/- vide CFMS ID No.2019-287746 respectively

had been prepared and submitted to the respondents. As the said

amounts have not been made by the respondents, the petitioner has

approached this Court by way of this writ petition.

It is the contention of the petitioner that even though the

respondents admitted that the petitioner is entitled for payment of the

aforesaid sums 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.

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.

In view of the aforesaid directions of this Court in various cases

and after hearing the submissions of the learned counsel for the

petitioner, learned Government pleader for Panchayat Raj and learned

counsel appearing for the respondents, this writ petition is disposed of

with a direction to the respondents to release the amounts, viz.,

Rs.7,49,435 vide CFMS ID No.2019-286232; Rs.7,97,766/- vide DVMS ID

No.2019-287085; and Rs.5,56,086/- vide CFMS ID No.2019-287746

RRR,J W.P.No.6401 of 2022

respectively, to the petitioner at the earliest, and at any rate, within a

period of six 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 interest, if any

payable by the respondents, in an appropriate forum. There shall be no

order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand

closed.

__________________________ R. RAGHUNANDAN RAO, J.

7th April, 2022 Js.

RRR,J W.P.No.6401 of 2022

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.No.6401 of 2022

7th April, 2022

Js