E.Malakonda Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 1998 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                         W.P.No.7618 of 2022

ORDER:

The petitioner had been awarded the contract for the works of

"Construction of 900mm dia RCC NP3 class pipe culvert on

Brahmeswaram-Yerukollu PR road to Bapannavari Thota Bit-1, Bit-II and

Bit-III in Brahmeswaram Village and Gram Panchayat in Duttaluru Mandal"

SPSR Nellore District, under agreement Nos.321, 322, 323, dated

18.01.2019. After execution of the said contract, a final bills for a sum of

Rs.12,18,777/- had been prepared on the basis of the Measurement Book

Nos.937-C/16-17, 939-C/16-17 and 942-C/16-17. As the payment of the

said amount has 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 amount of Rs.

                                       2                                RRR,J
                                                         W.P.No.7618 of 2022

Rs.12,18,777/- 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.

25th April, 2022
PGT
                          3                          RRR,J
                                      W.P.No.7618 of 2022




      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




                W.P.No.7618 of 2022

                  25th April, 2022
PGT